The family of a Bronx bodega worker shot and killed by police is filing a $25 million lawsuit against the New York City Police Department.
Reynaldo Cuevas was killed while trying to escape an armed robbery at the bodega in September of 2012.
Investigators say he ran into the responding officer who had his gun drawn.
They believe that the impact caused the officer's gun to go off.
The family's attorney, Sanford Rubenstein, said that the shooting could have been prevented.
"It is our position that the negligence and carelessness of this police officer caused the wrongful death of this fine young man," Rubenstein said. "He was doing nothing wrong. He was an innocent victim, a young man who worked at the store, fleeing robbers, shot to death by a police officer."
The Bronx district attorney's office cleared the officer of any crime.
The three men who allegedly robbed the store have been charged with second-degree murder for their role in Cuevas' death.