• Attorney says man was shot in back twice by MPD officer

    Updated:

    Attorneys for the man who was shot by Memphis police held a brief press conference outside Regional One Thursday afternoon.

    Martavious Banks was shot during an incident on September 17. He has been hospitalized since that day.

    Billy Murphy of Murphy, Falcon & Murphy is representing Banks' and his family. He addressed the media in a very brief news conference on Thursday.


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    Murphy said Banks is "doing well." He is now speaking and can articulate what he remembers from that night.

    Murphy told the media Banks was shot twice in the back. He continued, saying there is "no justification for that," and his firm plans to aggressively pursue the case.

    RELATED: What y'all shooting... a bear?': Mom of man shot by police frustrated

    Three MPD officers have been relieved of duty pending the outcome of the investigation into the the officer-involved shooting. The moment shots were fired was not captured on body camera, because they were not activated at the time of the shooting.

    RELATED: 3 officers involved in shooting of Martavious Banks identified by MPD

    MPD Director Mike Rallings previously addressed the investigation, which is ongoing, and said he is not confident policy was followed regarding officer-worn body cameras.

    The TBI has taken over the investigation.

    According to officials, the shooting happened following a traffic stop in the 1200 block of Gill Avenue.  When officers approached the vehicle and asked the driver for his ID and insurance information, the driver told police he didn't have either. 

    Family: Criminal history of Martavious Banks doesn't justify MPD officer shooting him

    Police said the driver -- identified as Martavious Banks -- began reaching downward when an officer saw a gun inside the car. That is when Banks allegedly fled the scene, hitting a curb before police stopped the car a second time on Gill Avenue.

    Investigators said he then ran away from officers. 

    Police chased the man and a “confrontation occurred,” according to MPD. The man was shot by police and was taken to Regional One in critical condition. 

    According to officials, Banks had six outstanding warrants against him. He had four separate arrest warrants for suspended licenses, assault, and violation of probation.

    RELATED: Man shot, critically injured by police officer after traffic stop in South Memphis

    Director Rallings told FOX13 once Banks got out of his car and led police on a foot chase, all three officers involved did not have their body cameras activated. He also said the officer who fired shot did not have his body camera activated, so the shooting was not captured on camera. 

    The two officers did originally have their body cameras activated, but they were deactivated during the foot pursuit.

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