HICKORY, N.C. — The family of Timothy Craig Setzer has filed a lawsuit against the Hickory Police Department following his death in a police shooting on August 13, 2023, in an abandoned parking lot outside downtown Hickory.
Setzer’s mother, Christina Tolley, disputes the police’s account that her son was armed and posed a threat, leading to the shooting.
The lawsuit claims that Setzer was fleeing from officers and did not aim any object at them.
“He had a good heart and he was free-spirited; he was an all-around good boy,” said Christina Tolley, Setzer’s mother.
Attorney Anthony Burts, representing Setzer’s family, stated, “There was some very cavalier-type conduct that was exhibited.”
According to the lawsuit, body camera footage shows that Setzer never stopped running, never turned toward the officers, and never aimed any object in their direction. The suit alleges that officers fired upwards of 30 shots.
A gun was found in the parking lot nine hours after the incident, about 40 feet away from Setzer’s body. The lawsuit claims there is no DNA evidence linking Setzer to the gun.
Tolley expressed her disbelief in the police’s narrative, stating, “I knew that it wasn’t right, like something wasn’t right with their story.”
She described her son’s injuries as being on the back side of his body, including his head, back, leg, and foot.
Attorneys have filed a motion requesting the release of the body-worn camera footage, believing it will help the public determine the truth of the situation.
The lawsuit seeks accountability for the officers involved, with Tolley stating, “The people who did this should be held accountable, like this shouldn’t happen to anyone else.”
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