SAN FRANCISCO (KCBS)— The family of a San Francisco man shot to death by police last month has taken the first legal step towards filing a lawsuit against the City. Alejandro Nieto's family, is demanding that an outside investigation of his fatal shooting is conducted.
Attorney John Burris is representing the family and said they are outraged at what they call an unjustified shooting.
"We have a young man from the community who was minding his own business, who was taking a walk in a park that he had walked all the time, and he winds up getting shot over 10 times," Burris said.
Family spokesperson Benjamin Bac Sierra said in going through this process, it's the family's desire that this doesn't happen to any other youths.
Nieto, was 28 years-old when he was shot and killed Friday night, March 21st in Bernal Heights Park. Officers claimed they thought Nieto was armed with a gun. Police Chief Greg Suhr said Nieto pulled out a Taser when confronted by officers and that's when they fired, thinking it was a handgun.
Gabriel Zitrin, spokesman for City Attorney Dennis Herrera's office, said the city has 45 days to respond.
"We investigate all the allegations about the claim and we make a determination based on the law as to whether we think the city is civilly liable or not," Zitrin said.
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