Chase Suspect's Family Sues HPD

Last Edited: Friday, 02 May 2008, 10:00 PM CDT

Created: Friday, 02 May 2008, 3:04 PM CDT

FOX 26 News

HOUSTON -- The family of a possible spy shot and killed by Houston police has filed a lawsuit against the city and two officers.

Roland Carnaby, 52, was shot Tuesday at the end of a central Houston car chase because police say he made a sudden movement that made them fear for their lives. But Carnaby's family attorney, Randall Kallinen, said the city failed to employ correct procedures.

"The legal standard is, 'Are you in reasonable fear of your life?'" Kallinen said at a news conference Friday afternoon. "Based upon video, my police practices expert says that cannot be possible."

Houston police said they won't comment until the end of the investigation, but the lawsuit filed against the city alleges police shot an unarmed motorist in the back with no criminal record; the suit also alleges the city violated the fourth amendment by failing to provide medical treatment after he was shot, according to an statement issued from Kallinen.

"He lay on the ground and bled to death while officers had him handcuffed and administered no aid whatsoever," Kallinen said.

Carnaby was pulled over Tuesday morning for speeding and then led police on a chase when the officer discovered he possessed a concealed weapon license. They later discovered three weapons inside the vehicle, one of which was within his reach. His death was ruled a homicide Thursday afternoon after medical examiner's officials determined he died from a gunshot wound to the torso.

Kallinen said police knew he had never been arrested in his life and he was 52 years old.

"With that information, they chased him at 120 miles per hour through the streets of Houston," he said. "Now when they shoot and kill him, they say he must be dangerous because they said he was in the CIA."

Carnaby has said he worked for the FBI and CIA, but investigators and federal officials have said they could not trace Carnaby's connection to either agency.

"I don't know with this lawsuit if we'll ever know for certain, whether he ever worked as a contractor for CIA or any law enforcement agency," Kallinen said.