Family of man killed by Niangua police officer seeks millions in wrongful death lawsuit

The mother of a Niangua man killed by the city's lone police officer has filed a federal wrongful death lawsuit seeking millions in damages.

Dylan Austin, 28, was fatally shot March 13 by a Niangua officer after authorities said Austin displayed a firearm after a foot pursuit to his mother's home, where the shooting reportedly occurred inside the residence.

Austin's mother, Melinda Austin, who said she witnessed the shooting, claims her son was holding a flashlight and that he was illegally pursued into the home by the officer, identified in court records as Dwayne McAtee.

Neighboring law enforcement agencies have investigated the incident, which is currently under a prosecutor's review, according to Webster County Sheriff Roye Cole.

The City of Niangua, which is named in the lawsuit along with McAtee, said the officer remains on administrative leave and opted to not comment on the case due to an active investigation and pending litigation.

"There’s no greater civil right than to be free from being wrongfully killed by the police," said the Austin family's attorney, Craig R. Heidemann. "It’s my privilege to represent Mrs. Austin in her journey to find justice for her son Dylan who was taken from her before her eyes for an offense as minor as allegedly riding his ATV without a light.”

What led to the shooting?

Hours after the shooting, Cole told the News-Leader that the incident started when a Niangua police officer stopped Austin, who was riding an ATV, about 9 p.m., and attempted to detain him because he had been driving with a revoked license and that he was also "under investigation for child abuse/neglect."

Missouri court records indicate that Austin has one criminal case, a 2015 arrest in which he pleaded guilty DWI-drug intoxication and being possession of marijuana. He had also been cited in 2017 for driving without a license and in 2021 for driving with a suspended license.

Melinda Austin claims in her lawsuit that her son was illegally detained by McAtee, saying the officer falsely claimed that Dylan Austin's ATV light was broken as probable cause for the stop.

She said her son fled the officer because McAtee had "waged an improper campaign of stalking and harassment against her son that was witnessed and reported by many in the community" and that he feared for his life. The lawsuit states that Austin first stopped at the mayor's home during the chase because he believed he was aware of the previous encounters between Austin and McAtee.

After learning the mayor wasn't home, according to the lawsuit, Austin proceeded to go to his mother's home nearby on Myrtle Street, where he ran inside the house and McAtee reportedly broke through the front door without a warrant.

Inside the home, where Melinda Austin said a 10-year-old boy was sleeping, McAtee entered, claimed Dylan Austin was holding a gun, and fired eight rounds.

Cole said earlier this year that a gun was found near Austin by investigators at the scene and that he was wearing an empty gun holster. Melinda Austin said in her lawsuit that her son was holding a flashlight and that McAtee had a history of wrongfully discharging his firearm.

What Dylan Austin's family is seeking

Several counts of wrongdoing were filed in the federal lawsuit by Melina Austin, including wrongful death, negligence in hiring, and failure to train.

Austin's family seeks a jury trial in pursuit of $5 million in damages, as well as other damages.

The lawsuit said that "McAtee’s actions were evil, wanton, willful, and malicious justifying the imposition of punitive damages in the amount of $20,000,000.00 to punish McAtee and to deter McAtee and others from engaging in similar conduct in the future."

Ryan Collingwood covers a wide range of topics for the News-Leader with an emphasis on public safety. He can be reached by phone at 417-258-8174 and email at rcollingwood@news-leader.com. You can also follow Ryan on social media at X.com/rwcollingwood

This article originally appeared on Springfield News-Leader: Family of man killed by Niangua officer files wrongful death lawsuit