Family of Aiyana Jones ramp up civil case against Joseph Weekley

The criminal case against Joseph Weekley in the death of Aiyana Stanley-Jones appears over, a civil case is just getting started.

Weekley's first trial ended in a hung jury and the second, in a mistrial. There will be no third trial for the Detroit police officer in the shooting death of Jones, 7.

Wayne County Prosecutor Kym Worthy's decision to not pursue a third criminal trial involving the careless discharge of a firearm - a misdemeanor - on Wednesday.

Aiyana's family is upset by the decision and her mother, Dominika Stanley, spoke exclusively to FOX 2's Charlie Langton.

"I was shocked," she said. "I just couldn't believe they would do that."

Jones was killed in a 2012 police raid.

FOX 2: "Did Kym Worthy make a mistake?"

"Yes she did," Stanley said. "And the judge, too."

She means Wayne County Circuit Court Judge Cynthia Gray Hathaway who in October dismissed the most serious charge against Weekley, manslaughter.

The decision against having a third trial is not going over well with the family.

"They have enough evidence," Stanley said. "They know he came in there and shot my child. I know they say he was doing his job, okay. But besides his job he still shot my child."

But legal troubles for Weekley are not over. 

"You can't have a raid like this end up with this little girl sleeping on the couch getting shot in the head under these circumstances," said Robert Giroux, an attorney who is filing a lawsuit against Weekley.

Enter round No. 2 where a civil case where the family of Aiyana Jones is suing Weekley and the Detroit Police Department for gross negligence and money.

"I want to see justice in both, the civil and the criminal cases," Stanley said.

FOX 2 contacted Weekley who declined comment and his attorney in the civil case, who said they will not comment on pending litigation.

But the family's attorney did outline the case.

"You've got multiple officers there," Giroux said. "You have planning sessions, you've got flash-bang grenades going off, you've got officers fully protected. Yet you've got this little girl sleeping on the couch, shot in the head."

Stanley said her message to Weekley would be this:

"I'm very hurt and I feel I didn't get justice for the third time," she said.