DETROIT (WJBK) - A young man was shot and killed by a federal agent in Detroit as a task force tried to arrest him for armed robbery.
It's a story we've been following for nearly two years. Prosecutors decided not to file criminal charges, saying the agent fired in self-defense.
But family members say the 20-year old didn't have to die that day. Now they're suing. The lawsuit was filed a few hours ago Thursday at federal court.
The family of Terrance Kellom asking a jury for $50 million after the 20 year old was shot and killed by a member of the Fugitive Apprehension Task Force.
The police claim the 20-year-old was wanted for robbery of a pizza delivery person and probation violations. They claim he was hiding in an attic, came down armed with a hammer and confronted police -- prompting the shooting.
The five witnesses in the house say he was unarmed at the time.
The Wayne County Prosecutor's Office never charged anyone in the shooting but the family still seeks justice.
"I live this lie every day, I don't sleep, I barely eat,” said father Kevin Kellom. "All I do is think about what happened to my son."
Terrance Kellom was shot and killed at his father's Detroit house in April of 2015. A task force made up of ICE agents and members of DPD arrive with a warrant for his arrest, enter the house and confront and shoot Kellom in front of Kevin Kellom and other witnesses.
"As soon as my son stepped out and said but dad. Pop, pop," Kellom said. "I hollered my son's name, my son’s last two words he said were 'Daddy, Daddy.' His eyes buckled, he kicked a couple of times and he stopped.”
His father disputes claims his son was armed with a hammer.
"If my son had a hammer, I would do the fatherly thing and simply say put it down," Kellom said. "My son saw he was surrounded by guns, why bring a hammer to a place when you can't win."
The ICE agent who pulled the trigger was cleared of criminal wrongdoing by the Wayne County prosecutor.
An attorney for the Kellom family says there is a problem when you have law enforcement investigating law enforcement.
"No one is above the law," said attorney Nabih Ayad. "Just because you have a gun and a badge doesn't make you above the law.”
He is asking for an impartial jury to listen to the family and then decide if the shooting was justified or if this family deserves $50 million for their pain and suffering.
There are three people named in the lawsuit: one with ICE who shot and killed Kellom, and two Detroit police officers, who they claim entered the house illegally.
The attorney says the $50 million is because he wants to send a message that this should not happen. That money would go to raise Terrance Kellom's two young children.