Man Shot Holding Underwear Plans to Sue

A Pennsylvania man plans to sue the city where a police officer shot him after reportedly mistaking black underwear the man was holding for a gun.

Blair County District Attorney Richard Consiglio says he's reviewed the shooting and determined it was justified because he says the victim was half-naked and raised his hand in a dark alley in a way that made it look like he had a gun.

But attorney Doug Stoehr says his client wasn't half-naked as Consiglio contends and wasn't threatening. He contends the officer was just a few feet from the man and overreacted to the situation about 4:30 a.m. on April 8.

The prosecutor and the attorney are not identifying the wounded man, or the Altoona officer who shot him.

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