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The family of a Madras man who was killed in a police shooting in February has notified the Madras Police Department and the Jefferson County Sheriff’s Office that they intend to sue the law enforcement agencies for wrongful death and use of excessive and deadly force.

Allan Warner Jr., 26, was shot by law enforcement on Feb. 20 in Madras along U.S. Highway 97. The Madras Police Department, Jefferson County Sheriff’s Office and Oregon State Police were responding to reports of a street fight at the time the incident happened. Warner was being detained when law enforcement opened fire, according to the notice of intent to sue.

“To date, no public information has been provided to us identifying the actual law enforcement individuals involved in Mr. Warner, Jr.’s death. We intend to sue all law enforcement officers in their individual capacity as well,” states the tort claim notice, the first document submitted when filing a lawsuit against a public agency.

It is unclear if Warner was armed, but further questions about the incident surfaced when video footage from the shooting was released to several news outlets by an eyewitness. The video shows a law enforcement officer discarding an item that looks like a firearm near Warner and backing away. When Warner picked up the item and pointed it toward officers, they shot him in the chest several times.

In the interview with Underscore Native News, Kristi Gilbert, Warner’s mother, described her son as a lover of music whose dream was to be a singer. She said he hoped to one day own a house big enough to fit his parents and five siblings under one roof, was a quiet kid and played baseball. As a member of the Confederated Tribes of Warm Springs, he lived most of his life on the reservation before moving to Madras as an adult.

According to a 2020 report from the Centers of Disease Control, Native Americans are 6.2 times more likely to die at the hands of law enforcement than their white counterparts.

The Bend Police Department led the investigation into the shooting, but spokesperson Sheila Miller said “we are deferring to the Oregon Department of Justice for any updates or information.” The Oregon Department of Justice also declined to comment on the pending investigation.

A tort claim notice is simply the official notification for a public agency that a lawsuit might be coming, and no claims have been filed in Jefferson County Circuit Court yet. Christopher Kuhlman, the lawyer representing Warner’s family, did not immediately respond to The Bulletin’s request for comment.