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City of Concord, police chief facing lawsuit from officer fired after fatal shooting

Timothy Larson faced no criminal charges after he shot and killed a man in February 2022. He is now suing the city for his termination from the police department.

CONCORD, N.C. — A former Concord police officer says his civil rights were violated after he was fired by the department in a lawsuit against the city.

Timothy Larson filed a lawsuit against the city of Concord and Gary Gacek, Concord police chief, on Tuesday. 

Larson was fired in May 2022, months after he was involved he shot a man in self-defense at a car dealership. 

That incident happened on Feb. 13 around 5 a.m. at the Modern Nissan Dealership in Concord. Larson was on patrol duty at the time and saw Brandon Combs attempting to steal a vehicle.

After Larson commanded Combs to exit the vehicle several times, Combs ran to Larson's police unit and attempted to drive off with it.

When Larson heard the police vehicle's engine roar, he says he feared for his life and fired five gunshots at Combs from about five to 10 feet away. 

Combs was then transported to a local hospital where he later died.

The North Carolina State Bureau of Investigation was asked to look into the incident. 

Combs' family pushed for charges to be filed against Larson and Cabarrus County District Attorney Roxann Vaneekhoven decided to look into the case in Summer 2022. 

In August, Vaneekhoven decided that no charges would be filed against Larson as she said he was acting in self-defense.

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Regardless, the Concord Police Department fired Larson before the investigation was concluded. Officials told WCNC Charlotte that Lasron was fired for giving "investigators false information" when he was questioned about the shooting.

However, in his lawsuit, Larson claims he was truthful to SBI investigators. Conversely, he claims Gacek gave false information about Larson's actions.

Larson states his first amendment rights were violated by Gacek and the department because the statements he made to SBI are, "protected by the First Amendment." He also points out that the answers he gave to SBI were not among his ordinary duties as a patrol officer.

Additionally, Larson claims his Fourteenth Amendment rights were violated by the department because he was not given due process, and defamed him by accusing him of dishonesty. He states this incident has prevented him from getting another job in law enforcement. 

Larson also believes he was wrongfully terminated from the department, according to the lawsuit. He states that Gacek demanded Larson, "admit he lied to [SBI] Agent Blackman and was ostracized, harassed, and later terminated when he refused. 

Larson is seeking a jury trial for the case and at least $25,000 in relief.

The city of Concord has yet to legally respond to the case.

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