Lawsuit filed in August 2011 police involved shooting

CINCINNATI, OH (FOX19) - A wrongful death lawsuit has been filed after a Cincinnati police officer shot and killed a teenager on Fountain Square in August 2011.

The estate of Devon Mullins is suing Cincinnati police officer Oscar Cyranek and two other officers named in the suit as John Doe and Jane Doe. The suit alleges that when officer Cyranek and the armed 16-year-old Mullins were involved in a struggle on Fountain Square on August 20, Cyranek threw Mullins' gun away. Then shot and killed him then retrieved the gun and placed it back next to Mullins.

"Devon Mullins gun was picked up by the officer and brought back to Devon Mullin's body in what we conclude is an apparent 'Hey, I'm gonna say this guy had this gun,'" said Eric Deters, attorney for the estate. "The officer executed Devon Mullins," said Deters.

Another possible explanation for the officer moving the gun is that he wanted the weapon back in his sight and out of harms way. Either way, Deters wants to know what really happened 10 months ago. "The police department, despite repeated requests from us, have not released anything whatsoever about this incident," said Deters. "Now, with the lawsuit, the Cincinnati police department will be required to turn over their files."

And Deters said it all rides on one simple question, "What did this officer tell his supervisors immediately after what happened?" Deters said even if officer Cyranek told the truth about what happened that day, his deadly action was not necessary.

Cincinnati FOP president, Kathy Harrell told FOX19 there will be no comment from the police union until their attorneys are able to review the lawsuit.

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