(CNN)The family of a Black man fatally shot by Delaware police officers after he was found resting in his rental car earlier this year filed a lawsuit Thursday alleging the officers used excessive and deadly force and they are demanding a trial by jury.
Family files lawsuit over fatal police shooting of Delaware man who was found resting in a rental car
Lymond Moses was fatally shot by New Castle County Police (NCCP) on January 13, 2021, in Wilmington, Delaware, according to the complaint, shortly after 1 a.m. when they came upon him "resting" in his car. The lawsuit names New Castle County, New Castle County Department of Public Safety, the New Castle County Police Department and the three officers involved in the incident.
The NCCP has released bodycam footage from the three officers involved in the incident, with a video statement from Lieutenant Brian Faulkner.
According to Faulkner's statement, the three officers were patrolling Wilmington's Riverside community in an effort to recover stolen vehicles when they spotted Moses in a car asleep behind the wheel.
The officers noticed Moses' vehicle with the engine idling, and the dome light illuminated. Upon their approach, one of the officers reached in with his baton to turn the vehicle off for safety reasons, according to Faulkner.
The officers' bodycam videos show police telling Moses they noticed him sleeping and they were looking for stolen cars. Moses then tells them the car wasn't stolen, and that his mom lived nearby.
Officers pointed out he had marijuana in the car. After asking Moses to step outside of the vehicle, he turned on the ignition and drove away. Shortly after, Moses stopped at what appears to be a dead end. When he tried to drive away for the second time the officers opened fire.
Two of the officers discharged their weapons, and Moses was struck once, according to Faulkner.
The NCCP says it is conducting a criminal investigation and administrative investigation into the use of force. The Delaware Department of Justice is also conducting a criminal investigation.
Police have not released the identity of the officers involved.
CNN has reached out to New Castle County Police and their Department of Public Safety for comment, but did not immediately hear back.