Attorney: Witnesses don’t believe UNT student threatened police

Four witnesses do not believe an ax-wielding University of North Texas student who was shot to death by police threatened the campus police officer before he was killed, an attorney for the family said.

Attorney Renee Higginbotham-Brooks of Fort Worth said in a news release that she also believes authorities have failed to review all the evidence in the case involving the Dec. 13 killing of Ryan McMillan by UNT police Cpl. Stephen Bean.

Higginbotham-Brooks has scheduled a news conference for Tuesday at the Springhill Suites Marriott in Denton.

“The witnesses further believe that Officer Stephen Bean had ample time to use non-lethal force and he overreacted,” Higginbotham-Brooks said in the release.

McMillan’s parents, Gina McMillan-Weese and Walter McMillan, are scheduled to appear at the news conference along with criminologist Dexter Simpson, who teaches criminal law at Mountain View College in Dallas.

Higginbotham-Brooks declined to make additional comments Monday.

Ryan McMillan, 21, a sophomore, was fatally shot by Bean while walking toward the officer with an ax, a police video shows. McMillan, of Fort Worth, died from multiple gunshot wounds to the chest and abdomen at 1:33 a.m. that morning, according to the Tarrant County medical examiner’s office.

Police went to the location near the Denton campus that morning in response to criminal mischief reports. McMillan is accused of smashing at least 10 cars with the ax before Bean arrived.

In the video, Bean shouts for McMillan to “back away” six times, while McMillan is seen walking toward him saying “shoot me.” The officer is seen backing up while directing him. McMillan tells the officer to shoot him each time he is told to back away.

Video captures the sound of at least three gunshots after McMillan starts to shout “shoot me” for the last time. Authorities released 47 seconds of the video.

The remainder is still considered evidence and won’t be released until the investigation is done, authorities said.

McMillan, who had worked at a downtown Fort Worth floral shop, turned 21 the day before he was killed. He was studying hospitality management and had just finished his first semester as a sophomore transfer student from Weatherford College, according to university officials.

Bean has worked for the UNT police since Sept. 19, 2011, and is on desk duty pending the outcome of the investigation, UNT officials said.

The Texas Rangers continued to investigate the case as of Monday, said Texas Department of Public Safety Sgt. Lonny Haschel.

Officials with the University of North Texas could not be reached for comment Monday.

Results of Ryan McMillan’s toxicology tests were not available Monday.

This report contains information from Star-Telegram archives.

This story was originally published February 22, 2016 at 2:11 PM with the headline "Attorney: Witnesses don’t believe UNT student threatened police."