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PHOENIX (3TV/CBS 5)  The family of a man shot to death by Phoenix police last fall is asking for up to $50 million from the department and city. The family of Leontae Kirk, who was killed in November, filed the lawsuit in May.

Police say that on Nov. 2, Kirk threatened a man outside a Maryvale business near 37th Avenue and McDowell Road. He then left and walked to a nearby strip mall, where he argued with a motorcyclist. Officials say a police helicopter spotted Kirk with a gun and that he began shooting at people in front of the store. On body-cam video, officers are heard saying, “we have an active shooter.” Police arrived, and three officers opened fire on Kirk, killing him.

On Wednesday, the family’s attorney, Sean Woods, held a press conference in Downtown Phoenix. Woods claims Kirk never fired his gun, and was sitting on the ground with his hands up. Woods claims Kirk also threw the gun on the ground away from him. Arizona’s Family checked all the security and body camera video from Phoenix police, and never saw or heard Kirk fire a shot. However, it’s unclear exactly what Kirk was doing when officers shot him.

Read More at azfamily.com