From [HERE] A lawsuit filed in federal court in Macon accuses a former state trooper of excessive force in shooting a man who was fleeing from authorities in a 2010 incident. The lawsuit was filed July 13 by Mackey Wiggins of Warner Robins against Justin Tabor. Tabor was a trooper for the Georgia State Patrol at the time of the car and foot chase on July 24, 2010.
Tabor “used deadly force by discharging his service weapon no less than three times -- striking plaintiff at least once in the back as he fled on foot,” the lawsuit states. Tabor’s “use of force was unreasonable, unnecessary and excessive in light of all the circumstances.” The lawsuit states that Wiggins was unarmed, did not resist or pose a threat or act aggressively toward Tabor.
The lawsuit seeks a jury trial, compensatory and punitive damages as well as attorneys’ fees and court costs.
Wiggins currently is serving a prison term for an unrelated burglary as well as convictions for false statements and obstruction of a law enforcement officer in relation to the chase in which he was shot, according to online records for the Georgia Department of Corrections. Wiggins had given authorities a false name upon his arrest.
Other charges -- including fleeing and eluding and unlawful manufacture and delivery of a non-narcotic controlled substance -- were dismissed as part of the plea agreement, Houston County court records show. Wiggins received five years in prison with credit for time served.
Wiggins was accused of attempting to avoid a roadblock conducted by Houston County sheriff’s deputies and Georgia State Patrol troopers in Houston County, fleeing from authorities, jumping out of the vehicle as it crashed and then fleeing on foot through a residential neighborhood.
Tabor was attempting to arrest Wiggins by issuing commands to get on the ground when Wiggins turned and reached “like he was trying to pull a weapon out of his (pants) pocket,” said Craig Rotter, who was the assistant special agent in charge of the GBI’s Perry office at that time. Rotter has since taken another assignment with the GBI.
Tabor fired three times, striking Wiggins once, Rotter previously said. Wiggins was taken to The Medical Center of Central Georgia and was booked four days later after his release from the hospital, according to Houston County jail records.
Tabor could not be reached for comment.