Attorney for slain USA student announces lawsuit

MOBILE, Ala. (WALA) - The Beasley-Allen Law firm said the parents of University of South Alabama student Gil Collar have filed a wrongful death suit against USA Officer Trevis Austin. Austin is the officer accused of shooting Collar.

Authorities said 18-year-old Gil Collar was shot and killed after the teen acted erratically and confronted the officer while in the nude.

The Mobile County Sheriff’s Department believes Collar ingested LSD before the incident.

The complaint, released by the law firm on Monday, stated the use of deadly force in the shooting was not justified. The statement said:

"Officer (Trevis) Austin had ample opportunity to obtain his baton and pepper spray, to holster his weapon and to use his own physical abilities, if necessary, or to prolong the situation and wait for back up to arrive."

Click here to see the Collar family's complaint

Sheriff Sam Cochran said on Oct. 9 , "Had the officer had a taser, or some other less lethal instrument, I do not know if that officer would have had an opportunity to shoulder his pistol, holster his pistol and to use something else because the events were evolving so rapidly. And he was so close that had he put the pistol in its holster, I don't know if he could've drawn something else."

The lawsuit makes a number of claims, including alleging Austin had ample opportunities to use non-lethal options,including a baton and pepper spray.

The suit also states USA Police Chief Zeke Aull and USA failed to provide a taser to its officers.

FOX10 asked USA representatives for comment on the lawsuit.

"It is inappropriate to comment since the district attorney's investigation is not complete,” said Director of USA Public Relations Keith Ayers.

The law firm representing Aull and Austin, Michael E. Upchurch, Frazer, Greene, Upchurch & Baker, had no comment.

The suit also seeks more training for police departments on university campuses throughout the state and monetary damages as a jury may award.