POSTED: Saturday, September 22, 2012 - 2:00am
UPDATED: Saturday, September 22, 2012 - 2:04am
NBC NATIONAL NEWS — Jonathan Cuevas was killed in October after he ran from an LA County Sheriff's deputy trying to pull him over for jaywalking.
Curvas' family has filed a $5 million wrongful death and civil rights violation lawsuit against the department claiming the 20-year-old, who was shot in the back at least three times, posed no threat to the officer.
An incident report from the time reported claimed the Cuevas pulled a handgun from his waistband.
There was a gun found at the scene but the family's attorney says the discovery is suspicious.
Surveillance video of the incident will play an important role in the family's lawsuit, the attorney says.