Milwaukee police shooting, MPA refutes family's account

MILWAUKEE - The Milwaukee Police Association is responding to remarks made by the family of Printis Smith, who was shot and killed by a Milwaukee police officer following a pursuit on Tuesday, Sept. 8.

The civil rights attorney now representing Smith's family, B'Ivory LaMarr, said family members who were shown the body camera video saw something completely different than what police described.

"They described it as being just a cold killing," said LaMarr. "There were many discrepancies that they have found based on the earlier reports."

MPA responds

What they're saying:

On Monday, Sept. 14, Milwaukee Police Association President Alex Ayala released the following statement:

"I have personally reviewed the officer’s body-worn camera video of the incident. While I will not interfere with the independent investigation or disclose every detail of footage that has not yet been publicly released, I cannot remain silent while a Milwaukee police officer is falsely accused of carrying out a "cold killing" or an "execution," as described by the attorney and the family of the deceased."

FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android

"The video shows Printis Smith fleeing with a gun in his hand, repeatedly disregarding the officer’s commands to get on the ground and becoming involved in a close-range physical struggle with the officer. In the final visible image before the gunfire, Smith still has the gun in his hand and his finger is engaging (or pulling) the trigger."

"Those facts directly contradict the narrative being presented by the family and its attorney. This was a deadly confrontation with an armed individual who ignored repeated commands and fought an officer while firing a gun, while another gun was tucked into his waistband."

"That officer was extraordinarily brave."

"Knowing Smith was armed, the officer continued pursuing him to protect the people in that neighborhood. He repeatedly ordered Smith to the ground and then fought him at point-blank range as Smith held a gun with his finger on the trigger."

"In the most dangerous moment imaginable, the officer placed his own life between an armed individual and the community he had sworn to protect. He acted decisively, survived the encounter and may very well have prevented other people from being killed."

"The family is entitled to grieve. It is not entitled to use the delay in releasing the video to fill the public record with false and inflammatory accusations against this officer."

"When the footage is released, the public will see the truth for itself. It will see an officer who confronted an immediate deadly threat and demonstrated remarkable courage in protecting the people of Milwaukee."

Family remarks (Sept. 12)

The backstory:

Milwaukee police said Smith and another person were inside a vehicle near 39th and Meinecke that fit the description of a vehicle wanted in connection to a shots-fired incident in Glendale.

Police said officers tried to stop the car, leading to a chase. Both Smith and the other person eventually got out of the vehicle near 37th and Wright, before running away.

"The officer gave the suspect several commands to get on the ground that the suspect disregarded," said Police Chief Jeffrey Norman. "The suspect and the officer then exchanged gunfire."

The family, however, disagrees.

"The family states that based off the bodycam footage that they viewed, that there was no shootout," LaMarr said.

LaMarr said family members did see Smith running with a gun, but did not see him shooting it. 

During Tuesday's press conference, Chief Norman said otherwise after he saw the video.

"The suspect had a firearm in his hand; there is like a little struggle at the time, but I do know that there were two gunshots fired at the time," Norman said. "We believe that the suspect fired his gun."

The family said before the shooting they saw Smith stop running on the body cam.

"They say Printis stopped at some point; his back was toward the officer, and the officer reached with his left arm to grab Printis' left shoulder to bring him toward him. I guess in an effort to have Printis face him," LaMarr said. "And at that point, the officer then shot Printis directly in his head."

Chief Norman said, during the incident, the 35-year-old officer who was involved was injured, treated and released from the hospital. He said police, at the time, were still trying to determine the sequence of events.

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

LaMarr said the family now questions whether any shots were necessary.

"It now becomes a question as to whether the officer's conduct was reasonable; it was justifiable," LaMarr said.

Video release

What's next:

The public will see some of the video later in September in line with Milwaukee police policy.

The Wauwatosa Police Department is leading this investigation as state law requires. 

The Wauwatosa Police Department shared this response on Saturday: "Investigators are still conducting follow-up interviews, gathering additional evidence, and awaiting forensic evidence processing. Sharing additional information now would be premature and could compromise the investigation and a fair, independent review by the Milwaukee County District Attorney’s Office. We are working to wrap up this investigation as quickly as we can, but we cannot sacrifice accuracy for speed."