TAMPA -- A suicidal man shot by Tampa police earlier this year is now suing the city, along with the officer who shot him.
Jason Turk is not denying he was thinking about suicide on January 9. Minutes before Jason Turk was shot by Ofc. Tim Bergman, Turk, 37, called his wife Amanda, saying he was going to commit suicide.
Officials said officers responded to a call from a home in the 900 block of Peninsular Street about a distraught family member who was possibly suicidal. When officers arrived, they found the man, later identified as Turk, sitting in a BMW outside the home.
When at least one officer approached the car to talk to Turk, he brandished a gun, officials said.
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The officer open fired, shooting Turk twice, once in the head. He was taken to St. Joseph's Hospital and has since recovered.
Now, according to Bay News 9's partner newspaper the Tampa Bay Times, Turk's lawsuit accuses officers of shooting him without ever seeing a gun.
Questions about what police saw and how they handled the 911 call are now being raised in a lawsuit Turk has filed in federal court. The lawsuit filed by Turk, a Navy veteran and real estate broker, says in addition to officers never seeing a gun, Ofc. Bergman used excessive force and was not properly trained in crisis intervention.
Turk says he never pulled a gun on officers and alleges he heard officers questioning whether they ever saw a gun - after they shot him.
"Skilled intervention, not force, was the order of the day for a successful, constitutional conclusion," Turk's attorney Michael Maddux wrote in the lawsuit.
Tampa Police have not responded to the lawsuit yet. The shooting was ruled justified by police and the state attorney's office.
According to the Times, Turk had twice been committed under the state's Baker Act two months before the shooting and suffered from severe depression.
Turk was never charged with any crime in the incident.