9 Investigates

9 Investigates: Family of man shot in ER questions police response

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The family of a man shot and killed inside the emergency room at Orlando Regional Medical Center earlier this month is questioning how the call was handled and considering a lawsuit.

Brian Baker's family said he suffered from bipolar disorder and schizophrenia.

His brother, Josh Baker, said they haven't been able to get any answers from Orlando police.

Josh Baker said his brother was working to come home to Kentucky.

“He called home and said he needs to get away from down there, that he wants to come home so he can get himself together, because he's doing bad,” he said.

Josh Baker still keeps the receipt from the bus ticket he bought for his brother to travel to Kentucky from South Florida. The bus had a layover at this station on John Young Parkway in Orlando.

“(He) had some type of panic attack, said he was having chest pains, and he called 911,” said Josh Baker.

Hospital officials told Channel 9 that patients are searched for weapons and protocol was followed in this case.

They would not answer specific questions about whether its staff relayed to Orlando police that Brian Baker was searched and did not have a weapon.

A 911 call only relays basic information from hospital staff before the remainder is edited for privacy reasons.

Orlando Police Chief John Mina said his officer had no choice but to shoot.

Investigators said Brian Baker claimed to have had a gun.

“If the patients nearby hadn't needed care from the hospital right away we would've tried to talk to him longer,” Mina said.

Orlando police have not said whether they tried other methods, like a Taser, to subdue Brian Baker or if they knew he may have been mentally ill.

Police said the investigation is ongoing.

Josh Baker said he wants answers soon.

“Why does it take six bullets? Why does it take three officers shooting?” he said.

Many of the questions he has may be answered when when the Florida Department of Law Enforcement wraps up its investigation.

The officers involved in the shooting are on paid leave.

Brian Baker was on probation because he was convicted in Kentucky on a gun and theft charge.

His family said the charges were due to his long history of drug addiction and mental illness.

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