KANSAS CITY, Mo -- It has been almost six months since Kansas City, Mo. Police Officer Donald Hubbard shot KCFD firefighter Anthony Bruno as the officer attempted to arrest Bruno.
A grand jury issued a no-true bill, which means no criminal charges would be filed against Officer Hubbard and the case closed. While no criminal charges were filed and, according to the police department, the shooting was found to be justified, Officer Hubbard may still have to appear in court.
Attorney Kenneth McClain says he represents the Bruno family and will file a civil lawsuit against Officer Hubbard and the Marriott Hotel, where Hubbard was working the night Bruno was killed.
"The basis of the lawsuit is that security guard Hubbard caused or contributed to cause Anthony Bruno's death," said McClain.
When asked why he refers to Hubbard as a "security guard" instead of a "police officer," McClain replied, "he was not acting as a police officer that night. He was moonlighting as a security guard at the Marriott that night."
According to KCPD off-duty policy, police officers may not act as security guards, but may work as off-duty police officers, paid by private organizations to enforce laws.
The policy reads: 'The legal authority vested in a sworn member working off-duty employment in a law enforcement capacity is limited to the enforcement of federal law, state statutes, and municipal ordinances. Members will not use police authority to enforce a private employer's policies and regulations.'
Surveillance video from December 1, 2013 shows Bruno, outside the Marriott Hotel in downtown Kansas City, beating up a cab driver. McClain said the cab driver called Bruno's wife Stephanie profane names, and that is what precipitated the beating. Officer Hubbard, working off-duty at the Marriott responded.
When asked if Bruno had any responsibility for what happened that night, McClain responded, "I think that my client was part of the entire scenario here but you have to look at what happened. Anthony had left the scene to cool his head. He went around the block he was not a threat to anyone. This guy, (referring to Hubbard), like Superman chases him down an alley and tackles him, kicks him and then drop kicks his head into the pavement."
Cell phone video shot by passersby shows Bruno and Hubbard struggling. In the end, Bruno is on top of Hubbard, punching him in the face, and then Hubbard fired the shots that killed Bruno.
McClain says the fact that Officer Hubbard has been cleared of criminal conduct is irrelevant in a civil suit. He says he does not know how much money the family will seek from Officer Hubbard and the Marriott, but he expects to file the lawsuit within the next month.