AUSTIN, Texas (KXAN) — A family has filed a wrongful death lawsuit after police shot and killed Richard Munroe on July, 5 2015.

A Travis County grand jury decided not to charge three Austin police officers who killed Munroe. Officers John Nelson, Stephen Johnson and Matt Murphy were called to a home in north Austin after a 911 call described Munroe, 25, as “distraught,” crying and “suicidal.” The lawsuit states Munroe told the dispatcher that the “only thing he needed was someone to talk to.”

Discussing life and work, Munroe thanked the dispatcher 11 times for staying on the phone with him. The operator says he never threatened to hurt himself or anyone else. According to the lawsuit, Munroe made it clear he did not want police to be sent to his house. The dispatcher told him several times police were unable to find his location, but offered to send a Mental Health Officer to “sit and chat.”

After years in and out of mental health facilities Munroe said he tried to get help in the past. It was then Munroe heard sirens in the distance. Officers arrived at his house 23 minutes into the 911 call. The dispatcher said she didn’t know officers were sent to his home and immediately told police to “slow it down.”

As the officers approached the home, Munroe came outside holding what police thought was a gun. Yelling could be heard in the background of the call as officers shouted at Munroe to “show [his] hands.” He was ordered to drop the gun, but Munroe refused, according to the Travis County District Attorney’s Office. Police noticed self-inflicted wounds on the man’s arms.

According to police, Munroe pointed the gun at his head before Officer Murphy attempted to use a Taser on him. The officers claim he sat down on the front porch and pointed the BB gun at police. All three officers opened fired on Munroe killing him at the scene. The officers claim they did not know it was a BB gun until after they shot him six times.

The final moments of Munroe’s life differ in the lawsuit than what police reported. The lawsuit says Munroe sat down on the porch with the gun in his lap while he talked with the dispatcher. Officer Murphy continued to yell and “rushed” Munroe attempting to tase him. According to the lawsuit, as soon as the taser was used Officers Johnson and Nelson shot him several times. Munroe died four minutes after officers arrived at his house.

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