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Messina Family Files Federal Lawsuit

The Messinas are asking for a jury trial and for damages to compensate for the "pain and suffering" they endured in the aftermath of the shooting.

Credit: Patch
Credit: Patch
The family of a 16-year-old Towne Lake boy who was killed in a standoff has filed a lawsuit against the Cherokee Sheriff's Office SWAT marksman in federal court.

Nick and Lisa Messina have filed a lawsuit in the United States District Court for the Northern District of Georgia against the man on the SWAT team who made the fatal shot, according to the Cherokee Ledger-News

The Messinas told the Ledger they want to pursue justice for their child and ensure what happened to their son never happens to another child. 

The Messinas are asking the court for a jury trail, and for them to award damages due to the "pain and suffering" they had to endure after the May 2012 incident, the Ledger states. 

Andrew Messina, 16, was killed in SWAT standoff in his home in May 2012 in the Eagle Watch subdivision in Towne Lake. 

Cherokee County Sheriff Roger Garrison declined to comment on the lawsuit. 

Check back with Patch for updates. 

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Randytx August 22, 2013 at 11:41 AM
Don't know either on this, but have to ask where Andrew got the weapon? If it was in the house to begin with , would that be irresponsible for the parents to have it there knowing Andrew was mentally ill? If Andrew received it elsewhere, that may be also be irresponsibility on someone else's part....
Pam J August 22, 2013 at 12:41 PM
Does the police report state that the mother called 911 and said her son was holding her hostage? I don't care if she got out later. You've got to think long and hard before calling 911 on one of your children. And I too wonder where he got the gun. Like Hannah Anderson said ""They don't really know the story so they kind of have their own opinion on what they hear." Yep, that will happen. But good luck.
Susan August 22, 2013 at 03:12 PM
To confirm a couple of points, Andy (Andrew) was not mentally ill. He was being treated for depression. He was never holding her hostage, that can be heard on the 911 recording. Also, Mom left the house per the instructions of the police, so they knew she was no longer in the house. Most of us were brought up to think of police as helpers, but that has changed. It has changed because society has changed, so your are right, think very carefully before you call 911 for help, and that is a shame.
Pam J August 23, 2013 at 04:07 PM
Why did the mother call 911? You've got to know that when you call and say that your child is holding a gun and is suffering from depression that it probably won't end well. Why didn't she call her husband?
Susan August 23, 2013 at 07:31 PM
She did call her husband. But, they had never had a reason to be involved with police on any level up until this point and like most of us, they were still in the mind set that the Police are there to help. She expected one or two police cars to come to help, but instead a full SWAT team showed up. case. Pam, here's a link to the interview Nick & Lisa Messina did with CBS News Atlanta. Just a very sad story for everyone involved. http://www.cbsatlanta.com/story/19917831/teen-shot-by-police-sniper-parents-talk-only-to-cbs-atlanta-news

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