Hands Up, Still Shot: $1.2 Million for Man Struck Three Times by APD Beanbag Rounds

On May 30, 2020, Bomani Barton joined hundreds of people demonstrating outside Austin Police Department headquarters, one of dozens of protests that erupted across the country following the death of George Floyd. According to the lawsuit filed on his behalf, Barton had his hands raised when APD Officer Kyu An, a six-year department veteran, fired a beanbag round that struck him in the hip. Barton turned away. An fired again, hitting him in the elbow. Then a third round struck him in the face.

The impact shattered Barton's jaw. Over the years that followed, he underwent seven surgeries to reconstruct the damage. His elbow and hip sustained severe bruising that left both unable to function normally. The shots did not come during a violent confrontation. The complaint alleged Barton was in a surrendering posture and had begged the officer not to shoot.

Ramez Shamieh and Myles Lenz of Shamieh Law filed a federal civil rights action against both the City of Austin and Officer An, arguing the use of less-lethal force was excessive and unjustified given Barton's conduct. An was also among 19 APD officers indicted by a Travis County grand jury in February 2022 on criminal charges stemming from the use of less-lethal munitions during the 2020 protests.

The Austin City Council approved a $1.2 million settlement on July 25, 2023. Barton agreed to dismiss his claims against the city in exchange for the payment. The resolution came as part of a broader council agenda that addressed multiple protest-injury lawsuits, reflecting the scale of civil liability Austin faced from the police response to that night. The city had previously paid $8 million to Justin Howell and $2 million to Anthony Evans, two other demonstrators struck by beanbag rounds during the same protests.