Family Prepares to Sue Baltimore City Police Department for Off-Duty Shooting Death

The family of a Baltimore Marine allegedly shot to death by an off-duty Baltimore City Police Officer is preparing to file suit against the department for wrongful death. Alex DeMetrick is representing the family. The suit against the Department center's on the fact that the officer was allowed to carry his weapon while off duty.

Tyrone Browne, a 32-year-old father of two was shot by a Baltimore City Police Officer outside a Hampden nightclub. The unarmed Marine was shot 12 times at close range and died shortly thereafter. The officer, Gahiji Tshamba, has been charged with First Degree murder in the case and faces the death penalty.

This is the second time Tshamba has been involved in an off-duty shooting. The first one in 2005 was ruled justified, but Tshamba was reprimanded for being intoxicated. This time, Tshamba refused to take a breathalyzer test.

A lawyer for the Brown family is quoted as saying: "The officer's life was not in jeopardy, so there was no basis for...deadly force."

In addition to a monetary reward to the family, lawyers are seeking to have more strict rules placed on officers who carry their weapons off duty.

Tshamba, a 15-year veteran of the Baltimore City Police Department, 36-year-old Gahji Tshamba, turned himself into Baltimore's Central booking after being on the run in connection with the shooting June 5.

The shooting took place Saturday outside a local Baltimore nightclub, Eden's Lounge, in Mount Vernon. Brown allegedly made advances, and possibly put his hands on, the off-duty officer's female companion. Brown is said to have apologized for touching the woman, and started to walk away. Nonetheless, words were exchanged, and according to Brown's sister, La-Belle Scott, who was among a group on the scene, the off-duty officer pulled out his gun and shot Brown with a crowd of people around. Scott said that in an effort to diffuse the situation, her brother raised his hands in the air and said, "Calm down."

A breathalyzer test was ordered, but Tshamba exercised his right to refuse to take the test. So, police are now left to determine how much of a role, if any, alcohol played in the shooting.

Initially, no charges were made against the officer, but Tshamba was put on paid administrative duty, pending the investigation. As it seemed imminent that charges would be filed, Tshamba went missing, and Police Commissioner Fred Bealefeld called for an intensified manhunt. Tshamba supposedly contacted his lawyer on Saturday, June 12, then surrendered himself on Sunday, June 13.

A major issue now is whether or not Tshamba identified himself as a police officer. That will play into the charges levied. If he identified himself as a police officer, he has more rights, being recognized as being on duty. It may mitigate the first-degree murder charge. Nonetheless, even police supporters are having a tough time rationalizing why 13 shots were fired at an unarmed man, particularly when there were others around who may have been harmed.

Also in question is the Baltimore City Police Department's policy of having off-duty officers carrying their weapons. People are voicing concerns that when alcohol is involved, there is no room for a gun, regardless of whether or not the person is a police officer.