âIâll never forget his face,â Owens said. âI could see his eyes, that he was placed in a situation where he didnât know how to act, just to get the hell out of the way, and get his dog out of the way. He had nowhere to go. The car was headed directly at him.â
Owens said the shooting is âkind of like a fog. .â.â. I think I shot three times.â
Another customer, Brittney Eustache, 26, disputed parts of that account. In a videotaped interview with detectives the day after the shooting, Eustache said police opened fire after the Maserati crashed into a curb.
âCops were everywhere,â Eustache said. âThey say, âSir, step out your car.â They say it twice, he doesnât get out of the car. Then they open fire.â
By that point, Thomas had already been wounded, according to Owensâs attorney, Lance LoRusso. What Eustache saw, he said, were bean bags shot to break the Maseratiâs tinted windows and to force Thomas out of the car.
Thomas left behind a baby daughter. His parents have notified Smyrna officials that they plan to file a wrongful-death lawsuit. Huey Thomas said he is grateful for the Justice Department review.
âI donât think they would have taken it,â he said, âif not for Ferguson and the other cases that are happening.â
The Smyrna police chief said he, too, welcomes the federal investigation.
âIf they find something that my officer has done wrong,â Lee said, âI will act accordingly.â
Alexander reported from Smyrna, Ga. Kimberly Kindy, Julie Tate, Jennifer Jenkins and Steven Rich contributed to this report.
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