updated 12/27/2006 11:56:08 PM ET 2006-12-28T04:56:08

An unarmed airman who was shot by a San Bernardino County deputy earlier this year sued Wednesday, accusing the deputy of excessive force and the sheriff's department of inadequate training.

Elio Carrion, an Air Force security officer who served in Iraq, claims former Deputy Ivory Webb lied about his account of the videotaped shooting and the department did not provide immediate medical attention.

"The shooting of Elio Carrion was unjustified and the use of force was objectively unreasonable, unwarranted and excessive," the lawsuit said.

The suit, filed in U.S. District Court, seeks unspecified damages. It names the San Bernardino County Sheriff's Department, Sheriff Gary Penrod and former Deputy Ivory Webb.

Cindy Beavers, a sheriff's spokeswoman, declined to comment. Messages left for Carrion's wife and his attorney were not returned Wednesday.

Carrion, 22, was a passenger in a Corvette involved in a Jan. 29 chase that ended when the car hit a wall in Chino. The videotape, taken by an amateur cameraman, shows Carrion being shot three times as he apparently obeys Webb's order to get up off the ground.

Webb "moved his position two times" to get a better angle to shoot Carrion and purposely aimed at the airman's "vital organs" in his attempt to kill him, the lawsuit states.

Carrion, who had just returned from a tour in Iraq, was shot in the chest, left leg and left shoulder.

The lawsuit also claims Webb gave false statements about the shooting -- most notably telling fellow deputies that Carrion tried to attack Webb and lunged at him.

Webb, 46, has pleaded not guilty to attempted voluntary manslaughter, wrongful use of a firearm and inflicting great bodily injury. It was the first time a peace officer in San Bernardino County was charged for an on-duty shooting.

If convicted, Webb faces a maximum of 35 years in prison.

The Corvette driver, Luis Escobedo, plead guilty in November to one count of felony attempting to evade a peace officer while driving recklessly and misdemeanor driving under the influence. He is scheduled to be sentenced Jan. 5.

Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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