LOUISVILLE, Ky. (WDRB) -- The family of a man shot and killed by a Bullitt County deputy said the shooting wasn't necessary and that the deputy broke the law.
The lawsuit, filed Monday in Bullitt Circuit Court, said Eric Kessler was trying to drive away from deputies when Nicholas Hibbs shot him in the back of the head and the spine.
"I think what we definitely need to see is the body camera footage," said attorney Zack McKee, who represents Kessler's family. "I think Eric Kessler deserves justice. "
Around 11:45 p.m. Jan. 30, Bullitt County deputies responded to reports of a vehicle parked in the middle of Cedar Creek Road. When deputies arrived at the scene, they found the vehicle stopped in the road.
The lawsuit claims that Kessler was asleep with the car in park.
"At some point while deputies tried to get the suspect to exit the vehicle, the suspect took off, striking a deputy's cruiser and nearly striking deputies on foot," a news release from Kentucky State Police states. "It was at that time a deputy fired his weapon striking the suspect."
The lawsuit claims deputies began trying to break Kessler's car window with a hammer when he woke up and tried to drive away from the deputies.
"He bumps into the vehicle parked behind his," McKee said. "Hibbs then gets behind him, lines himself up and he begins shooting. And he literally shoots him in the back of his head and his spine."
McKee provided autopsy photos to WDRB News that show gunshot wounds in the back if Kessler's head and his spine.
A spokesperson for the Bullitt County Sheriff's Office did not respond to a request for comment or questions regarding Hibbs' employment status. KSP is still investigating the shooting.
McKee believes body camera footage does exist, but it has not been released with the investigation ongoing. Initially, Hibbs said he feared for his and other deputies lives when Keesler began driving away.
"The vehicle passed me and continued in the direction where I believed Deputy Compton was standing near his vehicle," he wrote in an incident report. "At this time I fired my weapon an unknown amount of times through the back windshield of the suspect vehicle in fear of Deputy Compton's safety."
No other deputy fired their weapon.
Hibbs had been a deputy with Bullitt County for less than a month, based upon a letter provided by McKee that shows Hibbs resigned as a police officer with Pioneer Village on Dec. 21, 2020.
Hibbs actions "displayed an extreme indifference to the value of human life and acted without due regard for public safety," according to the complaint.
The suit also alleges that Hibbs violated "well-established law" in the shooting. McKee said the Commonwealth's Attorney hasn't made a determination whether charges will be pursued.
McKee said he has "no information" that Kessler was armed at the time of the shooting.
The lawsuit, filed on behalf of Kessler's 2-year-old daughter, seeking "compensatory damages, interest, expenses and court cases" as well as punitive damages.
"I think Eric Kessler deserves justice," McKee said.
