A panel of federal judges has restored the lawsuit over the officer-involved shooting death of 17-year-old Keagan Schweikle of Benton.
His parents sued the city, former Police Officer Kyle Ellison (officer who open-fired), and former Police Chief Kirk Lane.
In 2018, a federal judge in Little Rock threw out the case, saying Officer Ellison could have reasonably felt his life was in danger as the suicidal teen lowered a gun from his head.
But, the appeals court disagrees; pointing out that Schweikle only moved the gun after Ellison ordered him to drop it. In their ruling, the higher judges gave their take on what may have happened.
The U.S. Court of Appeals released a statement saying:
"Ellison shot a non-resisting, non-fleeing minor as he moved his gun in compliance with commands to drop his gun. Under these circumstances, no reasonable officer could conclude Keagan posed an immediate threat of serious physical harm."
They say the lower judge was wrong to dismiss that possibility before holding a full trial. It now heads back to the Little Rock Federal Court.