James Weyant could be forgiven for being just a little confused. Weyant was walking in an alley at 4 am when an Altoona, Pa., police officer pulled up next to him. Weyant was holding a pair of Guitar Hero shorts in his hand and turned toward Police Officer Mark Sprouse, who promptly shot him. The officer was cleared in the shooting. He is now suing with a 1983 Civil Rights Act complaint.
Weyant said that he went to visit a friend but found no one at home. On the way back, he said that the elastic on his Guitar Hero shorts broke and would not stay up. He decided to take them off to walk across the alley with his large hoodie covering him. According to Weyant, that is when an officer pulled up and exited his car with his gun drawn. The officer said that he mistook the shorts as a weapon, a claim that was accepted by the police review board composed of representatives of the police department and the Fraternal Order of Police.
Weyant is 5 feet 5 inches tall and weighs 135 pounds. The bullet hit Weyant in the right armpit and shoulder area.
The officer is back on patrol.
Source: Altoona Mirror