Officer Accused of Excessive Force in Md.

BALTIMORE (CN) - A rookie Montgomery County police officer shot and killed a knife-wielding man at a Silver Spring, Md. bank when deadly force was not warranted, the dead man's estate claims.

On the morning of July 22, 2014, Donovan Bayton was in the office of the branch manager of a Capital One Bank branch in Silver Spring when he allegedly began to act erratically, prompting a teller to call the police.

According to a press release issued later by the Montgomery County Police Department, when officers Michael Damsky and Marcus Lee entered the bank, they saw Bayton wielding a knife.

The officers allegedly told Bayton to drop his weapon, but he "failed to respond to the officers' instructions," the release said.

At that point, Damsky shot Bayton once in the torso. The wounded man was then taken to a local hospital, where he died of his injury.

Officers said they found two knives at the scene. Both were put on administrative leave while a departmental investigation ensued, The Washington Post said.

In complaint filed July 17, Phylicia Paul, personal representative of Bayton's estate, says Damsky overreacted to the situation he found himself in and that there was no reason for him to fire his gun.

She seeks $2.25 million on claims of battery, and deprivation of Bayton's federal and state constitutional rights.

Paul is represented by Harold Jeffrey Tabb of Greenbelt, Md.

Representatives of Damsky and the Montgomery County Police Department could not immediately be reached for comment.

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