Wrongful Death? Family Sues over Police Shooting in their Garage

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FORT WORTH--A family is taking police to court over the death of Jerry Waller.

It happened back in 2013 when cops were checking out a burglary call and went to the wrong house.

Waller was in his garage with a gun. Cops told him to put it down. He did.

What happened next? Well, it depends on who you ask.

Cops say Waller tried to pick the gun up again, they felt threatened and shot him.

But the family's lawyer released an animated version of the scene that shows Waller nowhere near the gun when he was shot

And in the lawsuit, Waller's family says there was very little blood on the gun. They say that's a sign he wasn't holding it when he was shot.

The lawsuit also claims cops never identified themselves as police before the shooting, and they moved Waller's body.

"I saw men kind of moving his leg and things like this in still pictures," Kathy Waller said Monday. "I couldn't understand why they did that."

The Wallers are suing the city, the officers involved, former chief Jeffrey Halstead and four other cops..

"I'm just glad that the truth is coming out, and I hope we can prove it in court," Kathy Waller said.

So far, cops aren't responding to the suit. A grand jury chose not to indict the 2 officers on criminal charges. But how it plays out in civil court could be a different story altogether.