The female passenger present when Winston Smith was shot and killed by deputies at an Uptown parking ramp is filing a civil rights lawsuit against all the law enforcement agencies involved.
The woman, who identified herself as Norhan Askar, was out to lunch with Smith June 3 and witnessed the shooting. Her lawyers say law enforcement in unmarked cars approached them with guns drawn and did not identify themselves.
"Our client complied with their demands, scared for her life," Askar's attorney Christopher Nguyen said. "Mr. Smith had a mobile device and began to Facebook Live. As he raised his phone all Ms. Askar could hear was gunfire and saw Mr. Smith's body slump over."
Nguyen claims the BCA informed them they neglected to take gunshot residue samples from Smith's hand before the medical examiner took the body.
A US Marshals Task force including local deputies was attempting to arrest Smith for felon in possession of a firearm. The BCA said evidence collected at the scene showed gunfire coming from inside the car
Local activists are calling for the BCA to be removed from the investigation.