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NY1 Follow-Up: Family Of Man Killed By NYPD After Pulling Gun Files Suit

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The mother of a man shot to death in his Brooklyn home by a police officer is speaking out as the family begins proceedings to sue the city police department. NY1's Dean Meminger filed the following report.

Even after nine months, Alice Bynoe-Browne says the pain is still unbearable at times. Back in January an NYPD officer shot and killed her son Duane Browne while police were responding to a 911 robbery call at their East New York home.

"I was so confused that night, I am still confused. I lost everything. everything," Bynoe-Browne said.

It turned out to be a very confusing situation.

The 911 caller told police Browne's brother was being robbed at gunpoint. Police say while checking out the home they encountered Duane Browne in his pajamas with a gun. They shot him after they say he did not drop the weapon. At the time, family members said Duane was coming to help his brother.

The family has now filed a civil lawsuit claiming that for more than 20 minutes officers stopped EMS workers from entering the home to give first aid to the bleeding 26-year-old.

"We believe that the police officers on the scene had the obligation to get him prompt medical treatment. We have a number of witnesses who said the ambulance arrived on the scene and that the EMS crew wasn't allowed in the house," said Attorney Ken Thompson.

But the fire department, which oversees EMS, says its crew was on the scene within five minutes and got Browne to the hospital in the next 11 minutes. His mother says when she arrived at the emergency room her son was dead.

"And then the detective came and I said, 'Can I see him? And she said 'No, he is under arrest.' And I said, 'He is dead,'" recalled Bynoe-Browne.

The family says the alleged robbers have never been caught and hopes police are doing all they can to solve that part of the case.

"The lawsuit to me is about justice, it is not about money," said Bynoe-Browne. "If it was about money, I would have sold everything to bring him back alive. It is about justice."

So far, the NYPD has not commented on the suit.

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