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A family filed a lawsuit against the city of Marietta, the Marietta Police Department, and Motel 6 after an officer shot and killed a former professional baseball player.
After Raphael Ramirez was shot and killed in the parking lot of Motel 6 in a car his attorney said his mother rented for him, police said told Channel 2 Action News they stopped Ramirez for a suspicious person stop.
Georgia Bureau Of Investigation said Ramirez reversed his car, then hit a marked police car, which pinned and injured an officer between the two cars.
Police said the officer had to be treated at a hospital.
Now years later, a wrongful death lawsuit has been filed.
“The officer parked her car behind his car. He was basically detained. His car was not free to leave. They weren’t executing an arrest warrant. He was not a violent criminal. They had no basis to believe that he was going to hurt them. You can’t smoke in the hotel, so you’re maybe rolling something in the parking lot in your lap. They claim they saw him try to brush something off, told him to get out of the vehicle. He put the car in reverse and attempted to leave. The second he did that, the video shows that the female officer on his driver side you can see her arm raise, and she’s pulling her car. He’s clearly intending to avoid an interaction with them. He’s not trying to hurt her, he’s not trying to threaten her,” said Attorney Rachel Kaufman, who filed the lawsuit.
In the dashcam video, you can see two officers, one standing on the driver’s side where Ramirez was, and the other officer standing on the passenger side window.
Ramirez’s family attorney, Rachel Kaufman, said his friend was in the passenger seat.
According to the lawsuit, Ramirez was a guest at the hotel.
In the video, you can see Ramirez back a red car out towards a patrol car, and officers appear to draw their guns.
As Ramirez continues to back out, an officer is seen up against the patrol car and Ramirez’s car as he continues to back out and move forward.
The officer is seen falling to the ground with a gun in hand.
“She just shoots into the driver side window and shoots him several times and the other officer who had been at the passenger side window from the back of the car who had no threat to him whatsoever he starts shooting at the car too and said he didn’t remember whether he fired shots or not,” Kaufman said.
In the video, you can see Ramirez’s car move forward, then come to a stop as officers follow it.
Ramirez died from his injuries.
“My hope is to hold the entities accountable who should be held accountable for the death of Raphael Ramirez, which was unjustified and truly shameful,” Kaufman said.
According to the lawsuit, the officers “Were not called to the Motel 6 on July 7, 2022, to investigate or respond to any reported crime or ongoing criminal behavior there” The lawsuit goes on to state that “Motel 6 bypassed hiring private security to patrol their premises and keep it safe and instead, invited Marietta Police officers to come onto their Motel 6 property and engage in investigations that lacked scope or limitations”
At the time of Ramirez’s death, he was working towards becoming a real estate agent, the life he planned after a professional baseball career.
“He was actually drafted out of high school to the New York Mets,” Kaufman said.
She said Ramirez was also coaching his brother, who now plays in the minor leagues.
The Marietta Police Department said the incident that took place on July 7, 2022, at the Motel 6 located at 2360 Delk Road in Marietta resulted in three separate reviews:
* A fact-finding investigation by the Georgia Bureau of Investigation (GBI Case #10-0005-34-23).
* A review by the Cobb County Grand Jury, which included testimony by the Georgia Bureau of Investigation.
* An internal investigation by the Marietta Police Department.
Marietta police said all three reviews resulted in a finding that the force used by officers involved in the incident was justified and lawful.