Family sue police for wrongful death after 18-year-old son was killed by plain clothes cop at funeral while 'trying to protect mother and her 12-year-old child from drive-by shooting'

The family of an 18-year old North Carolina man shot dead by a plain clothes police officer amid a drive-by shooting outside of a funeral have filed a civil suit against the police as they call for the department to take accountability.  

Fred Cox 18, was shot and killed by Deputy Michael Shane Hill of the Davidson County Sheriff's Office deputy in High Point last November.  

As the crowd was leaving the funeral service for Jonas Thompson, Jr., 70 rounds were fired from at least two cars.

Deputy Hill was at the service at the request of the family to make contact with potential witnesses in the killing of Thompson, and immediately responded.

Police say Hill saw Cox with a handgun at the time he shot him four times.

Officials say other witnesses observed a handgun near Cox after he was shot.  

But Cox's family dispute that claim, and say the 18-year-old was shot by Hill as he was holding open a door for a mother and her 12-year-old son, who were searching for cover.

They say Cox had been sitting in his car outside the church when the drive-by shooting began, and left his car to run into the church to help. 

His family have now filed a federal lawsuit against the Davidson County Sheriff's Office and Deputy Hill. 

18-year-old Fred Cox pictured at his graduation next to his proud mother Tenicka Shannon

Cox was shot and killed by Hill after a drive by shooting at the funeral service for Jonas Thompson, Jr. in November 2020

'Fred is dead for being a hero while Black,' famed civil right attorney Ben Crump, who is representing the family, said on Wednesday as the family announced the suit

'Fred is dead for being a hero while Black,' famed civil right attorney Ben Crump, who is representing the family, said on Wednesday as the family announced the suit. 

'Gone are the days when you could just kill black people and sweep it under the rug, and think that it doesn't matter,' Crump added. 'It does matter. Black Lives Matter and Tenicka son Fred Cox's life matters!'

Following an investigation by the North Carolina Bureau, a grand jury decided not to press charges against Hill. 

But the family's lawyers said Hill's use of deadly use of force was 'not justified under any circumstances'.

Their suit seeks damages on six counts, including the use of excessive force, wrongful death battery and negligence, and the violation of Cox's Fourth and 14th Amendments, Buzzfeed News reported.   

Fred Cox 18, was shot and killed by Deputy Michael Shane Hill of the Davidson County Sheriff's Office deputy outside a funeral in High Point last November

'Just because the local district attorney has said that they are not going to give Fred Cox's mother her day in court, that doesn't mean she won't get her day in court,' Crump said Wednesday. 

'We're turning to the Department of Justice Civil Rights Division to open up an investigation into this matter.'

A lawyer for the mother and the child who took cover inside the church said on Wednesday that it was not possible that Cox was holding a gun because used one hand to open the church door and his other to usher them inside during the shooting, Buzzfeed reported.

Crump said that Hill continued to shoot at all three of them and that the 12-year-old boy's hand was grazed by a bullet. 

The autopsy report also noted that Cox did not fire a weapon, wmfynews2 reported. 

'Fred Cox saved the mother and son's lives before he fell, making sure they were safe inside the church before he tried to enter,' the complaint states.     

Additionally, attorney Antonio Romanucci went over Cox's official autopsy which showed that there were no frontal entry wounds, implying Cox was shot in the process of running away. 

Shannon described her only child  Cox as a well-mannered man who 'would give you the clothes off his back'

Cox's mother Tenicka Shannon could not hide her grief at Wednesday's press conference

'Make no mistake, there should have been no force,' Romanucci said on Wednesday. 'This was not justified in any way, shape, or form.'

Following the press conference announcing a civil suit against his office, Davidson County Sheriff Richie Simmons said he has not seen any suit.

'We haven't seen any lawsuit, we haven't been served anything,' Simmons told thetimenews.com. 'It's hard to comment on anything that we haven't even seen.'

Cox leaves behind two infants, a 1-year-old and a 9-month-old.

His mother, Tenicka Shannon could not hide her grief at Wednesday's press conference. 

'I can't say enough times that Fred should not be dead,' Shannon said through her tears. 

'Our family is still in deep grief,' Shannon added while breaking down. 'We will keep fighting for justice in his name for as long as it takes. We miss him so badly. Our sadness is compounded with sheer confusion about how this tragedy possibly could have happened.'

Shannon described her only child as a well-mannered man who 'would give you the clothes off his back.'