Family of 33-year-old man killed by Austin police files lawsuit against city

AUSTIN (KXAN) — The family of Rajan Moonesinghe, 33, has filed a wrongful death lawsuit against the city of Austin and the three Austin police officers who responded to Moonesinghe's home in November of 2022 .

The officer who fired the deadly shots, Daniel Sanchez, also faces a deadly conduct charge in this case.

APD releases videos from fatal south Austin police shooting

Moonesinghe's family addressed the details in the lawsuit from the driveway of his south Austin home Tuesday.

"His bloody clothes were on the porch," his brother Mark said about coming to the scene that night. "There were bullet holes in the door. It was just a nightmare scene. Every time I walk to this front porch, I see those images."

Once KXAN receives a statement from the city in response to this lawsuit, we will add that information into this story.

The shooting On Nov. 15, 2022, APD got a call around 12:30 a.m. about a man with a gun . The caller said the man seemed to be afraid of something and pointed and fired a gun into his home from the front porch.

APD said when officers arrived on South Third Street, they heard gunshots while still in their patrol vehicle.

Mother of man shot, killed by police pleads for City Council to address police violence

"Both arriving officers then drove past the residence. The two officers exited their vehicles and sought cover while Mr. Moonesinghe, who was standing on the porch, continued firing a rifle," APD said.

Officers gave commands to drop the gun, and then Sanchez shot him.

You can view police body camera video of that shooting here.

The department has previously said Sanchez acted in accordance with his training and APD "will continue to support" him.

The Combined Law Enforcement Associations of Texas said Sanchez will be represented by CLEAT's defense attorney.

"CLEAT member and Austin police officer, Daniel Sanchez is being represented by our in-house criminal defense attorney, Brad Heilman. We requested a trial date be set as soon as possible and we stand ready to clear his name and reputation. Officer Sanchez responded to a call from the public and followed his training. Each day, our members go to work and face great danger and challenges to keep our communities safe. As always, CLEAT is prepared to defend our members as they deserve sound legal protection and due process."

CLEAT statement

The lawsuit "We want change," Mark said.

The suit calls for things like additional de-escalation training and even incentives for officers who successfully do de-escalate situations. It alleges wrongful death on behalf of APD and claims officers waited too long to render aid to Moonesinghe.

Family of man killed by APD officer last year pushes for police to commend de-escalation

Jay Ellwanger, the attorney representing the Moonesinghe family, said a jury will decide on punitive damages. The family's underlying hope is that seeking this monetary value will "put pressure" on the City to make the changes the family has been pushing for.

"This is our last ditch effort to really make this change happen," Mark said.

The family has fought this fight consistently over the past two years, showing up to city council and commission meetings. Moonesinghe's mother moved to Texas from Los Angeles to stay more involved in these efforts.

"It's very difficult, it's very emotional to get up there and talk about losing your child and telling your story. But I know it's something that I have to do," she said.

Ellwager said the city will have to respond to the suit in 30-60 days.