MPD, the District of Columbia, and an MPD commander are facing a $25 million lawsuit from the family of a man who was fatally shot at the Wharf by the off-duty MPD officer in July 2022.

Tyrone Turner / DCist/WAMU

Family members of Lazarus Wilson — who was fatally shot at the Wharf by an off-duty Metropolitan Police Department commander in July 2022 — have filed a $25 million lawsuit against the District, MPD, and the officer involved in the shooting.

In July of last year, Wilson was at the Wharf with a friend when a third, unidentified person pulled a gun and began to pull Wilson’s friend to a vehicle, according to the suit. MPD Commander Jason Bagshaw was at a nearby restaurant in plain clothes at the time, and upon exiting the restaurant, shot and killed 23-year-old Wilson after seeing him holding a gun.

Now, Wilson’s family has filed a civil suit arguing that Bagshaw’s use of force was excessive and that not announcing his presence as a police officer in the situation led to Wilson’s wrongful death. The suit, which was filed Tuesday in U.S. District Court for the District of Columbia, also accuses Bagshaw, the department, and the District of gross negligence in Wilson’s killing.

Bagshaw, MPD Interim Chief of Police Ashan M. Benedict, and Mayor Muriel Bowser are named as defendants. In addition to the $25 million in damages, the family is asking the court to require the department to implement “training protocols to prevent and effectively discipline the conduct” raised in the complaint.

MPD declined to comment on the suit, with a spokesperson saying department does not comment on pending litigation.

“The family is looking for some kind of closure…they want justice,” says Andrew Clarke of A. Clarke Law Group, who is representing the Wilson family. “But unfortunately, no amount of money is going to be able to take away the pain that Tanya Wilson feels for having lost her son.”

Wilson and his friend were at the Wharf to purchase a watch for $30,000 in a deal Wilson had set up online, according to the family’s lawsuit. Law enforcement reports at the time speculated the situation was an armed robbery, given that there was surveillance footage showing Wilson with a gun and a bag that had about $30,000 inside of it.

“Everyone is very hung up on the fact that Mr. Wilson had a firearm that day but not concerned about why Commander Bagshaw did not announce himself as an officer and why he had a gun,” Clarke says. “[Mr. Wilson] was protecting someone else, and the same defense that Commander Bagshaw is using is the same exact thing that Mr. Wilson is doing.”

Bagshaw has been highly criticized by activists within the community for use of excessive force and aggressive tactics. But in February, the U.S. Attorney of D.C. decided not to press charges against the commander for Wilson’s death. At the time, Wilson’s family said they would continue to fight for justice.

“Because there weren’t any charges brought, the family hasn’t gotten all the answers they need to find out what exactly happened that day,” Clarke says.

The motion was just filed this week, MPD has 21 days to respond. If the case isn’t dismissed, it may take two to three years before they actually go to trial. That’s for multiple reasons, including limited trial dates and case backlogs, Clarke says.