City of College Station sued by family after police fail to release video of son's killing

HOUSTON - The parents of a student killed by police in February are suing the City of College Station, in hopes that police will release more evidence in the case. 

The lawsuit is a Rule 202 Petition. It lists evidence that the family wants police to release including body camera video, reports, training documents, and more. 

On Feb. 8, College Station police said they were serving a search warrant on Mark Hopkins’ residence. They say Hopkins fired a shotgun at them and their returning fire killed Hopkins.

But, the petition filed by Hopkins’ family paints a different picture. 

"It just didn't make any sense," said Jeffery Hopkins, Mark’s father. 

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The petition says that Mark’s girlfriend Alyssa was there when this all happened. The complaint says she and Mark were sleeping when awakened by a flash grenade. 

"When the flash bang went off it blew out the window in his bathroom and you can just imagine what a horrific situation that was," said Jeffery. 

The petition says Mark jumped into action and grabbed his shotgun, thinking the home was under attack.

"He thought he was being burglarized, took a defensive position, told his girlfriend to call 911 and get in the closet, they kicked in the door and they shot my son," said Jeffery. 

Jeffery and his wife Cindy say that Mark, 22, was a well-off student, looking forward to graduation. They say he was also preparing to propose to Alyssa. 

"We're so sad we'll never see him graduate, which he was looking forward to and wanted us to be proud of him," said Cindy. "Obviously a beautiful wedding with a girl that he loved, and we did too. Grandchildren that we'll never have, it's just such a loss I can't believe it."

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We sent College Station police this list of questions:

1. What was Hopkins being investigated for and what was the reason for the search warrant of his residence?
2. Was a flash grenade (or any device similar) thrown into the apartment prior to law enforcement entering? If so, is this standard procedure for serving a search warrant?
3. Was the officer involved put on leave? Is the officer still on leave? Was the leave paid?
4. Does the department believe all statements/facts in the affidavit in this case to be true without doubt?
5. Have any charges been filed in this case?
6. Does the department have any comment/statement concerning the suit filed against the city in this matter?

Police confirmed that Hopkins was a part of a drug investigation. They didn’t answer any other questions and referred me to this press conference on the day of the shooting. 

Mark’s family said he had a roommate who was dating a suspect police were investigating, but Mark had nothing to do with those dealings.

A probable cause affidavit for the search of Mark’s residence lists Mark and his girlfriend as suspects. The affidavit says that Mark allegedly received money from the primary suspect, Abraham Escobar. 

Mark’s family, and attorney Mike Doyle, say the evidence is false. 

"His bank account has no such transfers, that's just not true," said Doyle. "If the police department were really being honest, they'd tell the public, yes, there's false info in that affidavit."

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The family says for months they’ve requested the full body camera footage and reports from the incident but haven’t received those requests. 

"We want some accountability from the college station police department and justice from my son," said Jeffery. 

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Doyle says the suit aims to bring out the truth in this entire case.

"At this point, it's really about stopping the stonewalling and getting some answers," he said. 

The City of College Station responded to our request for comment with this statement: 

"The Texas Rangers conducted an independent, thorough, fair, and transparent investigation, and the City is confident in their findings. The Brazos County grand jury also reviewed the matter and returned a No Bill, finding no criminal conduct by the officer involved. The loss of life is always tragic, and the City sympathizes with everyone involved. However, the City of College Station disagrees strongly with the statements made by the family’s attorney. The City has met and worked with the family’s attorney while complying with the law, has cooperated with the family, and has offered to meet directly with them. The City will respond accordingly to the petition to investigate the claim before a suit is filed, as the matter is related to a pending criminal case involving Abraham Escobar and others."