VALLEJO, Calif. (KRON) – “To me, this is flat out murder and I don’t say that lightly.”

A federal civil rights lawsuit was filed Thursday against the City of Vallejo and one of its police officers.

The family of Sean Monterrosa and their attorney say the 22-year-old’s civil rights were violated by unjustified use of deadly force when he was shot and killed by an officer back in June.

In bodycam video worn by officers on scene, Vallejo officer Jarrett Tonn fired five bullets from an AR-15 semi-automatic rifle from the backseat of an unmarked moving pickup truck, killing 22-year-old Sean Monterrosa.

This happened in Walgreens parking lot back on June 2.

Police were responding to a report of vandalism at the store.

“He’s looking through the window, he sees some movement and he’s like a deer hunter he shoots the moving object,” Civil rights attorney Burris said. “This is outrageous there was no factual basis to justify using deadly force at the time.”

The police union and police chief have issued statements and generally claim that the officer who shot Monterrosa mistook a hammer in his waistband for the butt of a gun.

The lawsuit is on behalf of Sean Monterrosa’s parents and two sisters.

Burris will claim in the lawsuit that the police department knew or should have known the officer had a history of firing his gun on the job.

The family’s attorney says this is Officer Tonn’s fourth shooting in 5 years and continued saying by failing to discipline officers for misconduct, the command staff essentially ratifies bad conduct.

The lawsuit will be filed at 8 a.m.

A press conference is set for 2 p.m. at Vallejo City Hall.

“This is not the end,” Michelle and Ashley Monterrosa said. “We will do everything we can to make sure my brother gets justice.”

Burris and the family of Sean Monterrosa say they hope this shooting and these lawsuits help prevent any more shootings like this from happening in Vallejo.

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