ROUND ROCK, Texas - State troopers were parked outside of St. David’s hospital Thursday. Inside the Round Rock ER, Brandon Marshall was recovering from the gun shots fired by a trooper and four APD officers. His injuries, according to his family, could have and should have been avoided.
"I'm concerned if the situation was handled correctly, per protocol. If the situation was handled correctly, you know, they did that, the officers approach him correctly," said Marshall’s sister Shante.
Brandon Marshall was shot at a convenience store near Louis Henna Blvd Wednesday night. What led up to that was actually set in motion hours earlier, according to APD Chief Joseph Chacon.
"This incident began as a Department of Public Safety initiated warrant service for an individual with multiple felony warrants. Some of them involved weapons charges. DPS notified APD asking for assistance with surveillance so that we would be able to get this individual into custody as safely as possible," said Chief Chacon.
There was an effort to stop Marshall at an apartment complex, according to Chief Chacon, with a device that punctured his car tires. He allegedly drove off with flat tires until a wheel fell off. The shootout, Chief Chacon explained, happened after a trooper arrived at the Round Rock store in a marked unit.
"As the trooper driving that vehicle exited the vehicle, the suspect began firing from the inside of his vehicle at the trooper," said Chief Chacon.
Four Austin police officers and a trooper were involved in the shootout. All are on administrative leave pending a review, which is standard procedure.
Marshall's family said he suffers from a mental illness. They believe his actions were triggered by the initial surveillance by unidentified individuals in unmarked cars.
Shante Marshall also said they tried to get him mental health care, and that his condition should have been known to law enforcement.
"He's had hospital stays. He has a long record. I feel like that should be in the system if it's not. When officers approach someone or they're looking for someone or if they are pursuing someone, then that should be at the forefront of their information. So they can call MHR officers. They can take proper, proper protocol for people like that. Because, you know, like I said, they most likely triggered something within my brother," said Shante Marshall.
James Marshall, Brandon’s brother, believes more funding is needed to help low income families get assistance with mental health issues.
"What's the solution? Is there a program for, you know, a better rehabilitation program that you can guarantee? You know, assistance made to mental health," said James Marshall.
That kind of help will prevent people from being shot down, Brandon’s mother Berna said.
"They were shooting him so bad, shooting up the car so bad. So this is really got to stop. It's got to stop somewhere. Let's pray to justice. Get done," said Berna Marshall.
When asked where Brandon Marshall got a gun, the family said they did not know he had one.
"Oh, he's a felon. He can't have a gun. He knows better," said James Marshall.
The family wants the police video of the confrontation to be released in order to determine whether Marshall had a weapon.
Typically, APD releases video in cases like this after about 10 days. The policy was created by past public outcry regarding officer involved shootings.
Williamson County DA Shawn Dick said he wants to be transparent, but he believes holding the video protects the integrity of the investigation, and any grand jury review.
The DA added it's possible some portions of the police video, or all of it, could be released at a later date.