PITTSBURGH - A wrongful death lawsuit was filed Wednesday evening against the city of Pittsburgh and Pittsburgh police Officer Gino Macioce.
The lawsuit comes five months after Mark Daniels was shot by Macioce in Homewood.
District Attorney Stephen Zappala ruled that Daniels' death was justified, but Daniels’ family attorney says Macioce never should have shot at Daniels, killing him.
The civil rights case claims excessive force.
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"Our independent investigation shows that Mark Daniels did not fire upon any officer and shows that he did not have a firearm at this point," said Scott Westcott, the Daniels family attorney.
According to the lawsuit, Westcott is putting the blame on the city and Macioce, who was involved in two other shootings in less than a year.
"They want changes in the city of Pittsburgh policy and procedures and they want the city to acknowledge that Officer Macioce murdered Mr. Daniels," Westcott said.
Breaking Tonight: https://t.co/WMfnl90OII— Rick Earle (@WPXIRickEarle) July 26, 2018
Channel 11 contacted the Pittsburgh Police Union and a representative said Macioce is, "a conscientious officer and the evidence will clearly indicate that he acted reasonably under the circumstances."
Channel 11 also contacted the Allegheny County District Attorney's Office and representatives with the city of Pittsburgh to get their response to the lawsuit; neither would comment.
The Pittsburgh Bureau of Police has not responded.
"That was my only son and I'm going to get justice," Joyce Daniels, Mark's mother, said. "Justice not just for Mark Daniels, but for all because so many of our children are being sought out and killed."
She told Channel 11 a lot of facts are going to come out now that they've filed a wrongful death lawsuit, and they believe those facts will tell a different story.
The Daniels family also wants Pittsburgh Mayor Bill Peduto to address the shooting since he has spoken about Antwon Rose being shot and killed in East Pittsburgh.
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