PLANO (CBSDFW.COM) - A Dallas man was shot and killed by a Plano Police Department officer in October. On Tuesday, the victim's family filed a wrongful death lawsuit against the City of Plano, and it revolves around the weapons that the officers are carrying.

The unnamed undercover police sergeant who shot 25-year-old Michael Alcala acknowledged in a sworn account that he did not plan to fire his weapon. "I never intended to have my finger on the trigger," he said. Attorneys and family members, including Alcala's mother, agree.

"That gun needs to be taken off the streets, because it could happen to anyone," said Belinda Saldana, the mother of the victim.

The gun in question is a semi-automatic pistol with a specialized flashlight attached, issued to Plano Police Department officers. And, as a result, the City of Plano is now the defendant in this wrongful death claim.

On October 13, Dallas police teams were responding to a shooting involving Plano police officers near the intersection Frankford Road and the Dallas North Tollway. Plano drug officers had set up a heroin buy, and had never met Alcala before. The officer pulled his weapon and tried to turn on the attached light. Instead, that officer fired a shot. That shot is what killed Alcala.

Alcala's family believes that the city and the officer were negligent by improperly using the flashlight's pistol grip trigger and firing the gun accidentally.

Attorney Les Weisbrod explained, "The Plano Police Department mandated that this light be placed on its officers' weapons, with this particular switch on the light."

Plano city officials and police authorities have declined to comment on the lawsuit, but the statements that were made by the unnamed officer may have already said plenty.

"That gun should be taken away, because we wouldn't want it to happen to anyone else," said Nancy Nava, the victim's wife.

No criminal charges were filed against the officer.