CLAYTON, N.M. (KRQE) – The family of the man who died after a Clayton police officer tased him in the back is now suing the department for millions of dollars. The family’s attorney said the force used was not only unnecessary but excessive.
Officer: “Get on the ground now, get on the ground!”
That is what Clayton Police officer Michael Mann yelled out when he found 58-year-old Mark Anthony Avila naked, walking through a Clayton neighborhood, searching for his granddaughter back in January.
Mark: “It’s my baby!”
Officer: “Your baby is not in there, get on the ground now.”
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“Video shows a man who’s obviously very confused, Mr. Avila,” said the family’s attorney, Eric Dixon.
Officer Mann originally had a handgun pointed at Avila. When Avila turned and began kicking the door, Mann switched to his taser.
Officer: “Get on the ground now or you will be tased, I’m not kidding Mark.”
Moments later, the officer pulled the trigger, striking Avila in the back. Avila fell to the ground, smacking his head on the concrete path behind him. Ultimately, killing him.
“A man in his fifties was taken from the family way too soon. Their grief is beyond description at this time,” said Dixon.
Avila’s family is now suing the Town of Clayton, the Chief of Police and Officer Mann saying they failed a man who was in the middle of a mental health crisis. “The officer was well aware of Mr. Avila’s issues from past dealings with him, in fact the whole police department was,” said Dixon.
Dixon said Avila was unarmed and was not a threat to the officer in any way. “Had the officer used any good sense and got ahold of the family or even waited for the other two officers, which would have been a matter of seconds to arrive and then talked him down,” said Dixon. “When he was treated properly and got the help that he needed, he was a very productive citizen.”
KRQE News 13 reached out to the Clayton Police Department but has not heard back.