A university police officer named Trevis Austin, at 1:23 in the morning of Saturday, October 6, 2012, heard someone banging loudly on one of the campus police station's windows. Upon investigation of this noise, the officer encountered Gilbert Collar, nude and crouched into a fighting stance. The muscular young man, who challenged the officer to a fight, obviously appeared to be out of his mind. When Gilbert Collar made an aggressive move toward Trevis Austin, the officer drew his weapon, backed-off and warned the threatening 18-year-old to settle down. Collar rushed toward the campus cop several times, and each time the retreating officer ordered the man to stop and desist. The out of control student took a knee, rose and charged the officer again. This time officer Austin shot the young man once in the chest. The attacking freshman stumbled, regained his footing, rushed toward the officer again, then collapsed and died.
University police officer Trevis Austin was placed on administrative leave pending an investigation conducted by the Mobile County District Attorney's Office and the local sheriff's department. An important aspect of the inquiry involved reviewing the surveillance camera footage of the bizarre confrontation. Some of the questions to be answered included whether or not the student and the officer who shot him knew each other. Investigators also wanted to determine if Mr. Collar had a history of mental illness and/or drug use. The autopsy and toxicological would answer the question of drugs.
Jeff Glass, Gilbert Collar's high school wrestling coach told a reporter that "He [Collar] was a kind soul. He was never aggressive to anyone off the mat. He was a 'yes sir, no sir' kind of guy." Chis Estes, an 18-year-old who grew up with Collar, reportedly said, "Gil was a very 'chill' guy, mellow and easy-going. That's why I don't understand the story that he attacked the cop."
According to the toxicology report, Gilbert Collar had gotten high on a laboratory drug that mimics the effects of LSD. He had taken the drug at the BayFest music concert on the night of the deadly encounter. Mobile County Sheriff Sam Cochran, at a press conference, announced that the student had assaulted others prior to his death.
In 2013, a grand jury sitting in Mobile County cleared officer Trevis Austin of criminal wrongdoing in the shooting.
In the wake of the grand jury no bill, members of Gilbert Collar's family brought a wrongful death lawsuit in federal court against former officer Austin and the university. In 2015, pursuant to that suit, former Tallahassee police chief Melvin Tucker, on behalf of the plaintiff, rendered an expert opinion regarding whether the officer's use of deadly force in the case was appropriate.
In his report, made public in May 2015, Mr. Tucker concluded that officer Austin had used excessive force in violation of his department's deadly force policy. Melvin Tucker wrote that the officer should either have retreated or used non-lethal means to subdue the student.
Mr. Tucker noted in his report that over the past 131 years only three police officers in the state of Alabama had been killed by an unarmed assailant. The use of force expert wrote that in 2012, not a single police officer in the United States had died as a result of being disarmed by an arrestee.
This was one of those difficult cases that no matter how it was resolved, won't satisfy anyone. From the campus police officer's point of view, he was confronted by an aggressive, muscular young man who was apparently out of his mind and intent on engaging him in a wrestling match. For all the officer knew, he was dealing with a drug-crazed man with supernatural strength. (The officer was 5-foot-eleven and the student 5-foot-seven.) Had these two gotten into hand-to-hand combat, there was a possibility that the attacker could have ended up with the officer's gun. Even if the officer had been equipped with a taser device, there was no guarantee it would have subdued this aggressive, out-of-control subject, particularly with the LSD type drug in his system.
Looking at this case through the eyes of Gilbert Collar's friends and relatives, it's easy to understand why they have questions regarding this student's sudden and violent death. His mother Bonnie said this to a reporter: "Freshmen kids do stupid things, and campus police should be equipped to handle activity like that without having to use lethal force." Although Gilbert Collar was not a kid, college freshmen are known to do stupid things. But taking off your clothes in the middle of the night and without provocation or notice attacking a police officer goes beyond youthful stupidity.