4 killed by naked gunman in Nashville Waffle House

MPD AND D.A. Say Different Things About Officers In Shooting Case

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(Memphis) Two police officers who shot and killed a man sitting in his car at an apartment complex may be charged after all.

Two weeks ago, Officers Ned Aufdenkamp and Matthew Dyess were put back on the job.

Memphis police said the district attorney completed her investigation and found them free of any wrongdoing, but Wednesday we found out that’s not the case.

Both officers were called to an apartment complex January 13,2013. When they arrived,  they said they saw a man slumped over the wheel in his car and they went to check on the man.

According to Memphis police Sgt. Alyssa Macon-Moore, the man then pulled out a gun. Officers immediately opened fire, killing him.

“That statement says we've done our job and the district attorney has done her job and you don't need to worry about these two officers. We are putting them back on the force,” said Attorney Howard Manis, who represents Steven Askew’s family who plans to file suit against the City.

The Memphis Police Department issued a press release February 15th, stating in bold letters, “All information surrounding this case was presented to the Attorney General’s Office and it was determined that no criminal charges will be filed."

“I can't speak to why they issued the press statement,” said District Attorney Amy Weirich.

Weirich says the case is not closed, “The bottom line is this file is in our office and is being reviewed by our office.”

It means Officers Aufdenkamp and Dyess could still be held responsible for shooting and killing 24-year-old Askew.

“He was waiting for his girlfriend, minding his own business, sleeping in his car, and now he is dead,” said Manis.

The family's attorney believes MPD sent out the press statement to justify its reinstatement of the officers.

“It’s horrible,” said Manis.  “These officers, especially for the officer with the checkered past to immediately be reinstated.”

Manis is talking about Officer Aufendenkamp whose personnel file reveals he's been in trouble for using excessive force several times before.

Manis also believes he was the main aggressor in the January 17th shooting that took Askew's life, “Putting him back on the force so quickly after this incident does not seem they are doing their best to protect the citizens of this city.”

MPD tells us that the officers have been reinstated but are only working desk jobs, pending the outcome of its internal investigation.

Memphis police also stand-by the information it released two weeks ago, saying it received that information from the DA's office that no charges would be filed against the officers.

Learn more about this case: http://wreg.com/tag/steven-askew/