Manuel 'Tortuguita' Teran's family files lawsuit over activist's killing

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Manuel Esteban Paez Teran was killed by officers during a raid of the South River Forest area after the GBI says he opened fire, striking a GSP trooper. (Supplied)

ATLANTA - The family of an environmental activist shot and killed by police during a clearing operation near the site of the future Atlanta Public Safety Training have filed a lawsuit against multiple law enforcement officers over his death.

Manuel Esteban Paez Terán, who went by the name Tortuguita, was killed on the morning of Jan. 18, 2023, while taking part in an occupation of the South River Forest Basin in DeKalb County.

After months of investigating, the Stone Mountain Circuit District Attorney’s Office announced that the six Georgia State Patrol troopers involved in the shooting would not face charges, saying the troopers' use of lethal force was "objectively reasonable under the circumstances of the case."

In a report in October 2023 announcing the decision, investigators say they found that the troopers "did not act with any criminal intent" due to the circumstances and said it was "not feasible" for the troopers to issue a warning before firing. 

Manuel 'Tortuguita' Teran remembered: Vigil for 'Stop Cop City' protester killed in 'clearing operation'

The family has disputed that finding, and called for an independent investigation and the release of the investigation file.

Speaking on Tuesday, the attorneys for the family said they are suing a GBI officer who planned the operation, the officer who fired the pepper balls into Tortuguita's tent, and the officer who gave the order to fire the pepper balls. The other officers connected with the shooting are not part of the lawsuit.

Attorneys argue that the part of the park that Tortuguita was camping in was not closed to the public at the time of the shooting, and that he was not trespassing.

"It was not illegal to camp there, so why so much destruction and violence?" Manuel Teran’s mother, Belkin Teran said, calling their shooting a "horrible crime."

Teran's father, Joel Paez, said they filed the lawsuit to "make sure the authorities are accountable for this horrible abuse of power" and learn "what really happened."

Different stories over Tortuguita's death

Investigators say Tortuguita opened fire with a handgun he had purchased when officers approached his tent, striking the trooper in the "pelvic area." The trooper was wearing a bullet-proof vest and survived.

Troopers then opened fire, shooting Teran several times. The official autopsy conducted by the DeKalb County Medical Examiner’s Office said Teran was shot 13 times by multiple different guns.

Protestors and Tortuguita's family have questioned claims that the activist fired first, saying that their independent autopsy showed their hands were raised, and they were facing multiple troopers during the time of the shooting.

According to the lawyers, the private autopsy revealed that Tortuguita had been shot 14 separate times in various locations, including the head through their right eye, left upper chest, abdomen, arms and legs. The wounds indicated that their arm and hand were raised with the palm facing forward during the shooting, the attorneys said.

The DeKalb County Medical Examiner's autopsy showed no gunpowder residue on the activist's hands. An analysis by the GBI crime lab disputed that report, saying that its findings "revealed the presence of particles characteristic of gunshot primer residue."

The DeKalb autopsy also said that Tortuguita's body had at least 57 gunshot wounds to their head, torso, and extremities, including the hands and right foot. The cause of death was ruled to be multiple gunshot wounds.

During the processing of the scene, officials say they found a Smith and Wesson 9 m.m. handgun and magazines with ammunition that were later determined to have been purchased by Tortuguita from a sporting goods store in Acworth in 2020. 

Who was Manuel Teran aka Tortugita?

Belkin Teran, describes her child as a scholar and environmentalist who was an intellectual and had good manners.

The protester's mother says he was very active in several international environmental programs and was there to defend the forest.

Paez described his child as someone who was also caring for others, including those who were indigent or homeless. 

"Manuel was the one who would stop in the middle of the street and give $100 to a needy person," he said.

Teran was one of dozens of activists who had been occupying the site in tents and tree houses to stop the construction of the training center because they believe the forest space is critical – and the training center will further what they call cops’ "urban warfare tactics" toward the public.

Debate around the Atlanta Public Safety Training Center  

Protests against the training center have been ongoing for more than two years.

Atlanta Mayor Dickens and other supporters say the 85-acre, $90 million facility would replace inadequate training facilities and would help address difficulties in hiring and retaining police officers. Opponents have expressed concern that it could lead to greater police militarization and that its construction in the South River Forest will worsen environmental damage in a poor, majority-Black area.

Despite various attacks against the site and contractors’ equipment over the past couple of years, construction on the training center has continued. Supporters say the city must replace outdated facilities and that it is key to better train officers to avoid improper use of force.

The city says the issues caused by protesters have raised the cost of the training center by about $20 million.  An additional $1.7 million may be spent to improve security around the site.