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Texas Rookie Officer Shoots Man Inside His Own Home Without Warning for Holding Legally Owned Firearm While Checking Who Was Outside


Austin Police Officer Gabriel Walker Prado faces a lawsuit after shooting Avelino Medel II, a 31-year-old man, inside his apartment while Medel held a legally owned firearm. Medel and his father, who survived the incident, were never charged with a crime. The shooting occurred on April 6, just after 2 a.m., when police responded to a call about two men arguing in the apartment complex. Officer Prado, who had only recently graduated from the police academy, approached the apartment's sliding glass door while other officers knocked on the front door.

Prado, looking through the glass, saw Medel holding his gun pointed toward the ceiling and panicked, shouting, "Gun! Gun! Gun!" before firing four shots through the glass, hitting Medel. Medel collapsed but tried to open the door, prompting Prado to threaten to shoot him again.


Medel's attorneys argue that Medel did not realize it was the police at his door, saying, "Mr. Medel held his gun pointed up and away from his front door as he approached to see who was outside and posed no actual danger to anyone." They claim Prado fired "suddenly and without warning," violating Medel's rights.


The lawsuit also accuses the Austin Police Department (APD) of failing to train officers in de-escalation, citing over 30 past incidents, including the 2020 Black Lives Matter protests where officers used excessive force without warning. Attorneys argue that APD has a "de facto practice" of using excessive force and failing to intervene, resulting in lasting injuries for Medel. 


Jeff Edwards, Medel's attorney, said, "The Austin Police Department needs to train its officers that the presence of a legally owned firearm in a home does not authorize the use of deadly force." Jason Feltoon added, "By shooting Mr. Medel when he posed no threat to anyone, the Austin Police Department destroyed Mr. Medel's sense of safety and caused lasting injuries."


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