In addition to the damages, Rajan Moonesinghe’s family is demanding “meaningful reform” of APD’s training, de-escalation procedures, transparency and oversight.
AUSTIN, Texas — The family of a man killed by an Austin Police Department (APD) officer in November 2022 is suing the city and multiple officers for more than $100 million.
In addition to the damages, the family of Rajan Moonesinghe is also demanding “meaningful reform” of APD’s training, de-escalation procedures, transparency and oversight.
“This tragedy really changed all of our lives and [gave] us new purpose and a fight for something that up to this point we’ve never even known existed,” said brother Mark Moonesinghe during a press conference on Tuesday.
This week marks two years since Rajan Moonesinghe’s death. His family shared countless photos with KVUE from his childhood and remembered him fondly. Their hope is to prevent similar tragedies in the future through the lawsuit.
“It doesn’t feel real sometimes,” said mother Ruth Moonesinghe.
Background on this case
On Nov. 15, 2022, police responded to Rajan Moonesinghe’s home after a 911 caller said there was a man standing outside holding a rifle and pointing it at his own home.
When Officers Daniel Sanchez and Stephen Markert arrived, they located the man, later identified as 33-year-old Moonesinghe. Body camera video released by APD showed Sanchez tell Moonesinghe to drop the gun and showed Sanchez immediately shooting Moonesinghe, who then fell to the ground.
Video also shows that shortly after Sanchez fired his gun, Markert gave Moonesinghe a verbal command to show his hands. Officer Luis Brito then arrived at the scene, and all three officers approached Moonesinghe on the front porch, where he was found not responsive. The Moonesinghe family claims that APD failed to render aid.
Medics took Moonesinghe to a hospital, where he died from his injuries.
In December 2023, Sanchez was indicted in connection with the shooting. He was charged with deadly conduct, a third-degree felony.
All three officers – Sanchez, Markert and Brito – are named as defendants in the Moonesinghe family’s lawsuit.
Lawsuit filed by Moonesinghe family
The family claims that in the nearly two years since Rajan Moonesinghe’s death, Austin has “done little to combat the overall problems plaguing” APD. Specifically, the family says the Austin City Council hasn’t adopted policies to enforce transparent oversight of APD through the Office of Police Oversight – the goal behind the Police Oversight Act, approved by voters in 2023.
The family’s lawsuit lays out what they call the city’s “pattern of excessive force against persons of color displaying no immediate threat of serious or significant harm,” detailing 15 incidents of alleged use of force by Austin police officers, dating back to 2005.
The suit claims that the common thread tying together Rajan Moonesinghe’s death, the 15 incidents described, “the extensive evidence detailing a disproportionate use of force against persons of color, and the reports detailing the City Defendant’s racialized policing” is that APD’s “victims were people of color that presented no immediate threat of serious or significant harm.”
The suit claims that this “widespread practice” culminated in the actions of the defendants against Moonesinghe and was “the moving force behind Mr. Moonesinghe’s wrongful death.”
The Moonesinghe family has pledged that any money they receive from the lawsuit will be re-invested in “reform efforts to improve policing for all citizens” of Austin.
The lawsuit comes just weeks after the Austin City Council officially signed a new labor agreement with the Austin Police Association after months of long-term contract negotiations.
CLEAT’s response
Sanchez is being represented by attorney Brad Heilman, who is part of the Combined Law Enforcement Associations of Texas (CLEAT). Heilman couldn’t comment on Tuesday, but noted he was preparing for a jury trial in May.
CLEAT released the following statement:
“CLEAT member and Austin police officer, Daniel Sanchez is being represented by our in-house criminal defense attorney, Brad Heilman. We requested a trial date be set as soon as possible and we stand ready to clear his name and reputation. Officer Sanchez responded to a call from the public and followed his training. Each day, our members go to work and face great danger and challenges to keep our communities safe. As always, CLEAT is prepared to defend our members as they deserve sound legal protection and due process.”
KVUE reached out to the city of Austin about the lawsuit. We’re still waiting for a formal response.
