COLUMBIA, MO. -- Update:  Wednesday Nov. 9  5:00pm:

2 African-American men plan to file a federal civil rights lawsuit against 3 members of the Columbia Police Department.

Josh Williams, 30, and Phillip Porter, 32, say officers Jeffrey Forck, Matthew Stephens and Scott Decker aimed guns at their heads without probable cause.

Around noon on October 13, Williams and Porter said they were listening to rap music and about to drink beer in their car at Columbia’s Cosmopolitan Park when they heard officers say, it’s not worth it, don’t move.

Williams and Porter said 3 Columbia police motorcycle officers aimed their guns at their heads.  After a search of the car, officers found a registered 40-caliber handgun.  No arrests were made.  Attorney Stephen Wyse said his clients are accused of suspicious activity and failure to follow commands.

Wyse said, “There’s no basis for pulling a gun on someone for having their hand in their pocket or because you think they are suspicious.  I think the officers would have been fine, if they had just come over and talked to them.”

Williams said officers reinjured his left wrist that had surgery when they tightened his handcuffs.  There is no video of this incident.  There is an audio file.  Wyse requested a copy of that file.  The police gave him one, but it was broken.  Wyse said he’s still waiting for a working audio file of the incident.  Both Williams and Porter said their encounter with police was racially motivated.

Williams said, “I feel like if it was a couple of white men out here, they wouldn’t have never did that.  I feel like they heard the rap music and they just came up on us like that.”

Porter said, “I hoped that I didn’t have to sneeze because one false move we might have been shot.  They had their fingers on everything ready to go.  They didn’t have them on the side.  It was like we were committing a crime or something.”

Columbia Police Chief Ken Burton said he has no comment until a police internal investigation is completed.

Wyse plans to file the federal lawsuit against Columbia Police sometime next week.

Original Story:

Two African-American men plan to file a federal civil rights lawsuit against 3 members of the Columbia Police Department.

Josh Williams, 30, and Phillip Porter, 32, say officers Jeffrey Forck, Matthew Stephens and Scott Decker aimed guns at their heads without probable cause.

Williams and Porter said they were about to drink beer in their car at Columbia’s Cosmopolitan Park on October 13 when they heard the officers say put your hands up, don’t move, don’t do it, it’s not worth it.

After a search of the car, no arrests were made.

Attorney Stephen Wyse said his clients are accused of suspicious activity and failure to follow commands.

Williams and Porter said their encounter with police was racially motivated.

Columbia Police told KRCG News they have no comment at this time.

Wyse plans to file the lawsuit sometime next week.