Family of man killed in Cape Fear hospital to sue for emotional distress, attorney says

FAYETTEVILLE, N.C. (WTVD) -- The mother of the man killed by a Fayetteville police officer at Cape Fear Valley Medical Center spoke to Eyewitness News.

In early November, authorities said Treva Smutherman got into a scuffle with a deputy and tried to take his gun. The deputy was shot in the leg and then the officer fired shots which killed Smutherman. His family is calling for justice.

Deputy shot, suspect killed after scuffle over deputy's weapon at Cape Fear Valley Medical Center in Fayetteville

"I can't say 100 percent what happened. I didn't see the video. From what I'm hearing from people he did nothing wrong to get gunned down like that," said Laura Smutherman-Malcolm. "They have a taser. They should have called backup. They didn't care about nobody life."

According to the family attorney, Allen Rogers, the Smuthermans are suing because of emotional distress. There is a video circulating on social media where the struggle between the officer and Smutherman is heard. A woman believed to be a nurse is heard saying shoot him. Once the officer fires shots, the same woman is heard saying, "I don't care about him. Leave him down. Get the cop."

"The statement that came from the healthcare personnel first is shoot. Then its don't treat him! Unimaginable for a mother," said attorney Rogers.

Smutherman told ABC11 her son had no mental health issues. It's still unclear why he grabbed the deputy's gun, which led to his death.

"What if that were their child or loved one? They'd feel the same way I'm feeling. We need justice though," said Smutherman.
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