Commander On Administrative Duty After Unarmed Man Shot

BALTIMORE (WJZ) -- Armed with Chapstick. That's what a shooting victim and his family say he had on him when a Baltimore police major shot him in the leg. That officer-involved shooting is now under investigation.

Christie Ileto spoke to the family of the man who was shot by that officer.

Police tell WJZ the victim is not facing any charges at this time but that's little comfort to his family---especially his 13-year-old nephew, who says he witnessed the entire ordeal.

"It's hurting bad," said John Rau.

Shot in the leg, Rau shows WJZ how his encounter with a Baltimore major quickly escalated.

Police brass say Major Byron Conaway was on his way to a community meeting when he spotted Rau on the sidewalk in Morrell Park.

"The officer was making commands for the person to show us his hands and apparently the person refused to do so," said Lt. TJ Smith.

Rau's nephew says otherwise.

"He didn't say no; he didn't resist," said John DeVault. "He said, `Okay; all I got is a Chapstick."

DeVault was standing across the street, waiting for his uncle, when the incident unfolded.

"As soon as he went to take his hand out of his pocket, they shot him in his leg," he said.

Police brass say it's unclear why Rau was stopped and no weapon was ever found on him.

DeVault relived the encounter with Conaway, who is a 16 year Baltimore police veteran---and who Vic Carter interviewed after being injured in the riots.

The department's investigation response team is now handling the case.

"It makes it hard for you to explain to your kids that not all police are bad," said Dianna Warren, DeVault's mother.

But the explanation Rau's family wants is why was he stopped?

Rau was released from the hospital Monday night and says he plans to sue.

Conaway has been placed on administrative leave.