CHESTERFIELD COUNTY, Va. -- The family of the mentally ill man who was fatally shot by Chesterfield Police in 2023 is taking legal action against the county and the officer involved.
Charles Byers was shot and killed while holding a hatchet and backing away from officers – after they responded to a breaking and entering call.
In a new federal court filing – the family's attorney is seeking to add the county and officer as defendants in an ongoing $35 million lawsuit.
The attorney alleges Chesterfield violated Byers' right to be free from excessive force.
They claim Byers was not a threat to officers – and police failed to use de-escalation techniques.
However – in a new statement, police say they stand by the actions of their officers.
They described Byers as unrelenting and threatening and failed to follow commands to drop the hatchet.
They say the officers had a duty to protect the public and themselves. Chesterfield Police say they will not be issuing any further comments on the case.
This is a developing story, so anyone with more information can email newstips@wtvr.com to send a tip.
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