NEW ORLEANS-- Wendell Allen's mother, Natasha, led a procession of family and friends to the Orleans District Attorney's Office on Wednesday, just after learning the officer accused of killing her son rejected a plea deal.
'I'm just going to see what's going on, if he stepped out and why nobody called me at 8:30 this morning to let me know that he's not taking a plea,' Allen said.
New Orleans Police Officer Joshua Colclough was expected to enter a guilty plea for negligent homicide for shooting death of 20-year-old Allen, during the execution of search warrant for narcotics at a Gentilly home in March. Allen was not armed at the time.
Sources tell Eyewitness News that Colclough had a change of heart about the deal and feels he didn't do anything wrong. The police organization, PANO, said they support his decision.
'As a police organization, we certainly support this officer's right to go to trial, present his evidence and show why he believed he is not guilty of any crime, whether it be a crime of negligence and certainly not a crime of criminal intent,' said Eric Hessler of PANO.
However, Allen family attorney Lionel Lon Burns said they now want to see Officer Colclough indicted for second degree murder.
'We compromised and we're going to allow the officer-- with the DA's guidance and he being a prosecutor-- we had no problem with the officer pleading guilty to negligent homicide,' Burns said. 'But this case is clearly second degree murder, as I have maintained from the very beginning.'
Loyola Law Professor Dane Ciolino said the next stop for the case could be a Grand Jury.
'To give some distance between the DA and the police department-- and to give the appearance of neutral decider making the decision as to whether to prosecute-- you typically see police shooting cases being brought to Grand Juries,' Ciolino said.
Calls to Colclough's attorneys were not returned. The DA's office said they will take action with the case by the end of the week.