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Houston police officials say an undercover officer shot Kevin Martin last week through the windshield of an unmarked pickup because the man allegedly threatened the officer. The officer claims Martin appeared to reach for a gun in a backpack. In a statement issued by Martin’s attorney Andre Evans claims his client was only offering to wash the truck according to the Houston Chronicle.

Martin survived the shooting but now faces charges of misdemeanor terrorist threats.

However, no weapon was ever discovered and only cleaning supplies, a cellphone and other equipment Martin uses for what Evans describes as Martin’s mobile car detailing service. Evans is now working to get the charges dismissed and seeking a civil rights investigation into the case. Evans said the shooting was “unjustified” and argued that racial bias was a factor.

“Mr. Martin was simply trying to earn a living when he was met with several bullets,” Evans said in a statement.

The incident took place on Jan. 9 when Martin allegedly interrupted an undercover operation involving two police officers sitting in their truck in a Walgreens parking lot. Police officials say Martin looked inside the car and at one point asked the officers to get out of the car. Then Houston police say, “he then struck the hood of the truck with his hands and went to the driver’s side door, tried to open it [and] stated he had ‘something for the officers.’”

Martin then allegedly proceeded to circle the truck becoming “increasingly angry and agitated” as he tugged on the truck door handles attempting to get in. Martin, 45, would later reach into his backpack saying he had “something for the officers,” and that’s when the officer in the passenger seat opened fire, according to police.

Evans argues the fact that only one of the officers fired proves that that officer’s belief that Martin was reaching for a gun was unreasonable. As of now, Houston police haven’t named either of the officers involved and the department’s Special Investigations Unit is now reviewing the incident.

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