The family of the security guard shot and killed by a police officer outside a San Bernardino liquor store announced Thursday they are filing a claim against the city.

Last October an officer responded to a 911 call of a man with a gun jumping on cars, San Bernardino police said.

There was a scuffle before an officer shot and killed 35-year-old Mark Bender Jr.

Police say they found a gun at the scene.

But Bender’s family is questioning the officer’s use of lethal force.

“Justice really needs to be served,” said Tammy Bender, his mother. “This is not fair, not fair at all. The officer he should have used a Taser. He did not have to shoot my son in his back.”

The San Bernardino Police Department released a video on youtube Thursday afternoon.

They say in a bystander video you can see Bender holding the gun when he stands up, which is when the officer believed Bender would shoot first.

That’s when the shooting happened.

The San Bernardino’ County District Attorney is reviewing whether the shooting was justified.