Lawyer: UNT student intoxicated, but officer should not have killed him

University of North Texas student Ryan McMillan was intoxicated and committed vandalism in December, but a campus police officer did not have to fatally shoot him, a family attorney said Tuesday at a news conference.

McMillan had a hatchet in his hand when he was confronted by the officer but the student's hands were by his side, attorney Renee Higginbotham-Brooks said.

"There are alternatives to deadly force," the Fort Worth attorney said Tuesday.

Ryan McMillan's parents attended the news conference, but did not comment.

Toxicology results have not been released to the family and family members have not been told whether the officer had a Taser or chemical sprays.

But Higginbotham-Brooks said McMillan was intoxicated, celebrating his 21st birthday.

"In the case of Ryan McMillan, no Tasers, no chemicals and no tolerance were used in this student's killing," the attorney said. "The University of North Texas should have provided these tools in the case and they should have been used."

The attorney said witnesses have stated that McMillan never attacked the officer.

McMillan, 21, a sophomore, was fatally shot by UNT police Cpl. Stephen Bean.

A police video shows McMillan was walking toward the officer with an ax. The Fort Worth man died from multiple gunshot wounds to the chest and abdomen at 1:33 a.m. Dec. 13, according to the Tarrant County medical examiner’s office.

The Texas Rangers are still investigating, and officials have declined to comment because it is an ongoing case.

“It would be inappropriate to comment further,” said UNT spokeswoman Margarita Venegas in an email.

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.

This story was originally published February 23, 2016 at 11:13 AM with the headline "Lawyer: UNT student intoxicated, but officer should not have killed him."