DONATE NOW:

The WSB Care-a-Thon Total: $317,375

ON AIR NOW

LISTEN NOW

Weather

cloudy-day
86°
Partly Cloudy
H 92° L 75°
  • cloudy-day
    86°
    Current Conditions
    Partly Cloudy. H 92° L 75°
  • cloudy-day
    92°
    Today
    Partly Cloudy. H 92° L 75°
  • partly-cloudy-tstorms-day
    89°
    Tomorrow
    Partly Cloudy T-storms. H 89° L 73°
LISTEN
PAUSE
ERROR

Wsb news on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb traffic on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb weather on-demand

00:00 | 00:00

Wife files suit against officers involved in husband's death

LAWRENCEVILLE, Ga. - A wife whose husband was shot and killed by police says he didn't deserve to die.

Tenisha Felio has filed a federal lawsuit against the officers involved in the death of her husband, James, 27, whom she said was the love of her life.

"He was an awesome father. Oh my God. The best father, great husband," Felio said.

Felio told Channel 2's Tom Jones she never thought his life would be cut short after she called Lawrenceville police in December 2010.

"All I needed was help. I wouldn't have never imagined the thought that he would be dead behind that," she said, near tears.

Lawrenceville officers Christopher Hyatt and Karl Hydrick arrived at her home around 5 a.m. that morning when Felio called 911 saying her husband had abused her.

"He was being abusive and that just wasn't like him," Felio said.

The officers woke James Felio up. They said he curled up on his bed in a fetal position when they tried to arrest him after he refused to answer their questions.

In an interview with investigators, Hydrick said he used his Taser on Felio several times and then he said Felio tried to get his gun as they struggled.

"He was pulling that way, I moved that way. At that time a shot went off," Hydrick explained.

During his interview with investigators, Hyatt said he feared for his partner's life.

"Told him to release the gun twice," Hyatt said, and then he opened fire.

Hyatt later said in a deposition Hydrick was struggling with Felio but moved out of the way when he warned him he was about to shoot..

Felio's attorney questions how much danger the officers were in if that's the case.

"Then where was the imminent harm or danger to the officer that was supposedly in trouble," attorney James Dearing said.

Dearing also said officers could have used their baton or pepper spray to subdue Felio.

"Deadly force was inappropriate, was certainly excessive and was unjustified," he said.

Felio said she saw the shooting and her husband wasn't a threat.

"And I saw the cop wave to the other cop to step to go back and I yelled 'don't shoot.' He waved me back, then I saw him pull the gun down and shoot," she said.

Felio's attorney said the officers didn't follow proper procedures when they arrived at the house and he said the officers' version of the events have changed to justify the shooting.

Brian Dempsey, an attorney representing the officers and the Lawrenceville Police Department, sent a statement saying:

"After a thorough investigation by the Gwinnett County Police Department, the Gwinnett County District Attorney's Office determined the shooting of James Felio was justified.

"A suit for money damages has been filed, and the parties are now continuing to gather the facts under the supervision of the court.

"The City of Lawrenceville Police Department is fully confident that once the facts are established in court, those facts will show no fault on the part of the City, its police department, or its police officers.

"Because this matter is currently being litigated in federal court, it would be inappropriate for any of the parties to comment further."

Read More
VIEW COMMENTS

There are no comments yet. Be the first to post your thoughts. or Register.

News

  • On Nov. 2, 2016, the Chicago Cubs won the World Series for the first time in 108 years. >> Read more trending news The celebration that came afterwards filled the streets, bars, homes and rooftops across the city, but the celebrations didn’t stop there. Approximately 38 weeks later, the result of some celebrations are being welcomed to this world. With names like Wrigley, Theo (after Theo Epstein) and Addision (one of the streets bordering the ballpark), many new babies are being named after the event that may have helped bring them into this world. On Thursday, Clark the Cub visited babies at Advocate Illinois Masonic Medical Center and brought with him the World Series trophy, World Series ring, Cubs oneies and newborn fan Cub memberships.
  • The Latest on the effort by congressional Republicans to pass a health care bill (all times local): 12:12 p.m. The country's biggest organization of health plans is opposing the Senate Republicans' latest approach to scrapping the Obama health care law. America's Health Insurance Plans wrote to Senate leaders, saying that ending the requirement for people to buy insurance, without strengthening insurance markets, would produce 'higher premiums, fewer choices for consumers and fewer people covered next year.' GOP leaders unable to win enough votes for a broad revamping of Obama's law are now focusing on a far narrower bill repealing a handful of the least popular provisions. Republicans say no decisions have been finalized. But they've said one leading idea is to eliminate tax penalties on people not buying coverage, effectively ending that requirement. The Senate is expected to finish the legislation by Friday. ___ 4:39 a.m. Senate Republicans are lowering their expectations on repealing and replacing 'Obamacare.' They're making plans to try to pass a narrowly focused bill undoing just a few of the most unpopular elements of Barack Obama's landmark health care reform law. After successive failed votes on other plans, Republicans are coming to believe that what's being called a 'skinny repeal' may be the only thing that can pass and keep the process moving. And it's not even clear if that will pass. It should all come to a head Thursday on the Senate floor with a rare and frenzied procedural oddity called a 'vote-a-rama' where all sides can offer unlimted amendments in rapid succession. Some Senators are expecting Thursday's session to extend deep into Friday morning.
  • A 78-year-old woman and her grandson are reported missing in DeKalb County, police say. Authorities said the circumstances were 'highly suspicious.' The two were reported missing from Brookgreen Point in Decatur by their family. Blood was found inside the home when it was searched by police. The woman was identified as Millicent Williams. Her grandson has not yet been identified. A car is also missing. We have a reporter and photographer on the way to the search scene - Watch Channel 2 Action News at Noon. TRENDING STORIES: Hospital denies mother's faith-based healthcare coverage Teen charged in crash that killed recent high school graduate Police: Mother arrested after toddler found unresponsive from drug overdose
  • He underwent amazing surgery, all to have a normal life. Now a 10-year-old little boy is beating the odds after he had both of his hands replaced. Zion Harvey was only 8 years old when he became the youngest child to have a double hand transplant, NBC News reported in 2015. >> Read more trending news  Zion lost his arms and legs after contracting a dangerous infection when he was 2 years old. He then had a kidney transplant. But when he was 8, doctors were able to undergo an 11-hour hand transplant at The Children’s Hospital of Philadelphia. Since the transplant, he’s been through hours upon hours of physical therapy to learn how to use his new hands.  Two years later, doctors told the BBC that they’re amazed how well he, as well as his body, adapted to his donated hands.  Zion is able to write, feed and dress himself. He can also grip and swing a bat, the BBC reported. He is still gaining new sensations as his brain is mapping the touch senors. The BBC reported that Zion can touch his mother’s cheek and feel the touch now. Click here to read more about Zion’s recovery.
  • The nation’s highest ranking military officer said in a letter Thursday to top military officials that there will not be changes to the military’s transgender policy until after President Donald Trump sends direction to the Pentagon. >> Read more trending news 'I know there are questions about yesterday's announcement on the transgender policy by the president,' Marine Gen. Joe Dunford wrote in the message, addressed to the chiefs of the services and senior enlisted leaders, according to Politico. 'There will be no modifications to the current policy until the president's direction has been received by the secretary of defense and the secretary has issued implementation guidance.” A photo of the letter was shared on Twitter Thursday by CNN reporter Barbara Starr.
  • Police are trying to figure out why an elderly woman's home was targeted after they said her house was sprayed with bullets, nearly 20 rounds. Linda Schnall has lived at the home on Jones Road in Austell for 27 years. She said she has no idea why she was targeted on Monday night. Channel 2's Liz Artz saw bullet holes peppering the home, from the brick exterior to the house's windows. We're talking to the woman and how she dodged the bullets on Channel 2 Action News at Noon. TRENDING STORIES: Hospital denies mother's faith-based healthcare coverage Teen charged in crash that killed recent high school graduate Police: Mother arrested after toddler found unresponsive from drug overdose