MADISON (WKOW) -- Andrea Irwin, the mother of Tony Robinson, says she will file a civil suit against the Madison Police Department in response to the officer-involved death of her teenage son.
Robinson was shot and killed by Officer Matt Kenny on March 6. On Tuesday, Dane County District Attorney Ismael Ozanne announced he will not file charges against Kenny.
UW legal expert Steven Wright joined the Wake Up Wisconsin anchors Wednesday morning to talk about what a civil suit would mean for Robinson's family.
"I think one of the motivations perhaps for the family, is they will get to conduct their own investigation," Wright said. "They won't necessarily have to rely upon the findings of the state."
Wright said in a civil suit the Robinson family would be able to choose their own witnesses, possibly even Officer Kenny.
He also told 27 News that there's a much lower burden of proof in a civil case compared to a criminal one, where it's beyond a reasonable doubt. Wright said a civil suit could be successful if the family could prove the state's investigator report exaggerated Robinson's conduct and/or that Officer Kenny acted disproportionately to the actual threat.
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