JACKSONVILLE, Fla. – The family of a bail bondsman shot and killed by a Jacksonville police officer says it is outraged the officer who killed him is not facing any criminal charges.
At a news conference Tuesday morning, the mother of 32-year-old Antonio Cooks said the Jacksonville Sheriff's Office used excessive force in her son's death, and that's why she intends to sue.
The family believes Officer Jason Bailey overreacted in May when he shot Cooks and a second bail bondsman while they were looking for a habitual traffic offender during a late night raid at an apartment complex.
Prior to the shooting, the Sheriff's Office confirmed, Cooks made calls to police notifying them he and two other men would be at an apartment complex. But due to miscommunication, police said, the officer thought he was responding to an armed home invasion and didn't realize the bail bondsmen were serving a warrant.
"Antonio Cooks didn't break the law. He was there to uphold the law. He was trying to bring a fugitive to justice," family attorney Benjamin Crump said.
Cooks' family released the autopsy report Tuesday, which indicates Cooks was shot five times, including once in the back.
"Five times is a clear sign of excessive force. Each one of those bullets represented excessive force," Crump said.
"Why did they shoot my brother so many times?" added Yvonne Cooks, Antonio's mother. "You didn't have to kill my son. You didn't have to kill him."
The state attorney's office has cleared Bailey of any wrongdoing, but Cooks' family says the officer should face criminal charges.
"It begs the question then, what is their policy? Shoot first and ask questions later? Or shoot until the person is dead?" Crump said.
The family announced its intent to sue more than a month ago. Family members said they're frustrated the Sheriff's Office's internal investigation still isn't over.
Channel 4 crime analyst Ken Jefferson said it could be quite some time before the investigation is complete.
"They do have a certain time limit that they have, and that time limit, if they haven't reached a conclusion, can be extended," Jefferson said.
The Response to Resistance board has completed its hearing, and its findings have been sent to Sheriff John Rutherford for review.
Bailey has been back on full-duty status. This was his first shooting.
The Sheriff's Office will not comment on the family's claims because the investigation is still ongoing.