Private Autopsy Results Released In 'Stop Cop City' Activist's Death

EAST ATLANTA, GA — The family of "Stop Cop City" activist Manuel Esteban Paez Terán is suing the City of Atlanta, seeking records related to Teran's death. The family also released Monday private autopsy results that show Teran's hands were raised when he was shot in January at the future Atlanta Public Safety Training Center site, a family attorney said.

The family announced its intent to sue over the weekend and attorney Jeff Filipovits, of Decatur-based Spears and Filipovits, said at a news conference Monday the lawsuit has officially been filed under the Georgia Open Records Act.

Attorney Brian Spears said the family is requesting the Georgia Bureau of Investigation release to them the full investigative report in the killing of Teran.

Teran, 26, who used they/their pronouns and was known as Tortuguita, was identified at the time as the person who shot a Georgia State Patrol trooper during a Jan. 18 joint task force clearing operation at the site of the future training center, also known as "Cop City," according to the GBI. Spears said Teran was found alone at the time of the shooting.

Teran's family said in early February they were shot more than 12 times.

Filipovits told media Monday the GBI knows what happened the day Teran was shot.

"The GBI has the evidence," he said. "That's where you'll find your answers."

Atlanta Police began releasing body cam footage of the shooting's aftermath, but a family attorney said the GBI has blocked the department from releasing any further video clips relating to the shooting.

Attorney Wingo Smith said the FBI sent a letter to Atlanta Police requesting that the department stop releasing videos related to the shooting.

Smith said Attorney General Chris Carr's office also wrote a letter to the city advising the department did not have to release the records to Teran's family.

Both letters are referenced in the lawsuit.

"Without truth, there can be no reconciliation," Smith said. "Without truth, there can be no justice. Without truth, this family can find no peace. We ask the APD to release the rest of the recordings in its possession."

The results of the first autopsy have not been made public, and it's unknown what that report contains.

The GBI said Friday in a statement the second autopsy was conducted by the DeKalb County Medical Examiner's Office and not the GBI's office.

The autopsy report shows forensic pathologist Dr. Kris Sperry conducted the second autopsy. Spears said Sperry has held the role of state medical examiner in the past and now works privately.

The GBI said the agency is working to protect the investigation's integrity and will release its findings to an appointed prosecutor for review and action.

"The actions of the GBI to prevent inappropriate release of evidence are solely intended to preserve the integrity of the investigation and to ensure the facts of the incident are not tainted. The GBI investigation still supports our initial assessment," the GBI said in a statement.

"All the facts, to include any information brought forward by the family’s attorney, will be assessed along with all other investigative information by the special prosecutor. The GBI cannot and will not attempt to sway public opinion in this case but will continue to be led by the facts and truth. We understand the extreme emotion that this has caused Teran’s family and will continue to investigate as comprehensively as possible."

The Atlanta Police Department told Patch in a statement that it does not comment on pending lawsuits.

Atlanta city officials told Patch "it would be inappropriate to comment on any potential pending litigation."

The GBI told Patch no updated comment was available Monday.

RELATED: Suspect Dead, GA Trooper In Stable Condition In 'Cop City' Shooting

What the Lawsuit States

The lawsuit showed Teran's parents are asking for the GBI to comply with Georgia's Open Records Act and give them information that would better help them understand what led to Teran's death.

Attorneys for the family sent a request on Jan. 26 to the Atlanta Police Department asking the agency for any images or recordings, including bodycam or dashcam recordings, in connection with Teran's death, according to the lawsuit.

The APD responded on Jan. 31 saying it would take around three weeks to prepare the requested images and recordings.

The lawsuit includes a Feb. 13 letter signed by a representative in the GBI's legal division, who claimed the APD recordings are exempt from the Open Records Act because they are evidence in an ongoing investigation. The letter indicated the GBI asked the APD to withhold the requested records.

The lawsuit also includes a Feb. 14 letter a representative in Carr's office sent to the City of Atlanta cementing the claim the APD records are exempt from the Open Records Act due to the investigation.

RELATED: Forest To Be Protected In Building Of 'Cop City,' Officials Say

What the Second Autopsy Shows

Spears said the DeKalb County Medical Examiner's Office performed the first autopsy in early February, which has not been made accessible to Teran's family. The family requested a second autopsy on Jan. 31.

"Manuel was shot so many times and by different firearms that the tracks of the bullets running through the body converged and intersected," Spears said. "That means that the same parts of his body were shot by different officers."

Teran had 14 separate gunshot injuries, Spears said, noting they were shot in their head through the right eye, in the left upper chest, in the abdomen, in the arms, in the legs and in the hands.

RELATED: Protest Over Death Of Activist At 'Cop City' Turns Violent In Atlanta

"According to the autopsy, the wounds indicate that Manuel's left arm and hand were raised when Manuel was shot, with the palm facing the front of the body. Manuel's right forearm and right hand were also shot. The gunshot to the head would've killed them instantly, but probably, in the words of the report, 'not before they were able to raise their hands in front of their body,'" Spears said.

"Manuel's legs were shot with shotgun slugs and probably buckshots, leading to the conclusion that two different shotguns were fired at Manuel before they died. The wounds to the legs are consistent with Manuel having been shot while they were sitting down cross-legged. Manuel was likely shot by individuals, according to the report, standing in front of them relatively close. Manuel was looking death in the face, hands raised, when killed."

RELATED: Protesters Throw Fireworks At APD Officers At 'Cop City' Site: Police

Who Was Manuel Teran?

Belkis Teran, Teran's mother, demanded answers in the killing of her child.

She reaffirmed Monday that Teran loved the forest and it gave them peace. Teran would meditate in the forest, she said.

"The forest connected them with God," Belkis Teran said. "I never thought that Manuel would die in a meditation position. My heart is destroyed. I invest so much time, care and dedication to educate my children to become active members of the society. I gave them love and compassion ... to make the world a better place. ... I try to be strong, to continue Manuel's legacy for the love of my family and for all those who love Manuel."

Teran was born April 23, 1996, in Venezuela. They graduated magna cum laude from Florida State University with bachelor's of science in psychology and an associate's in sociology, their mother previously said. Belkis Teran said they would suffer anytime it seemed harm was being done to the environment.

Patch has obtained a copy of the lawsuit and a copy of the full autopsy report. Patch has reached out to Attorney General Chris Carr's office for comment.