OAKLAND, Calif. -- The Oakland City Council is expected to vote Tuesday night to approve paying $650,000 to settle a lawsuit filed by the family of an unarmed drunken-driving suspect who was shot to death by a police officer, according to the family's attorney.

Attorney John Burris, who represents the family of 27-year-old Mack "Jody" Woodfox III, said the settlement will be split by Woodfox's mother, Janice Collins, and his three sons, ages 12, 10 and 4.

The $650,000 is only 6.5 percent of the $10 million originally sought by Woodfox's family members when they filed their suit in U.S. District Court last Sept. 2.

The city of Oakland isn't admitting any wrongdoing in the proposed settlement.

Officer Hector Jimenez, who also shot and killed another suspect in 2007, was fired last month for allegedly violating the Oakland Police Department's use-of-force policies.

Jimenez shot and killed Woodfox when he attempted to flee on foot after leading police on a high-speed car chase, at Fruitvale Avenue and East 17th Street about 3:50 a.m. on July 25, 2008.

Shortly afterward, Oakland police Lt. Ersie Joyner said the incident began when Jimenez and another officer were patrolling the Fruitvale Avenue area and observed that Woodfox appeared to be "a dangerous driving under the influence of alcohol driver."

Jimenez's lawyer, Justin Buffington, said after the officer was fired that Jimenez fired at Woodfox because Woodfox reached in his waistband, an area where suspects are known to carry guns.

Buffington said another reason Jiminez, who graduated from the Oakland Police Academy in February 2007, thought the situation was dangerous was that Woodfox actually ran toward police officers, not away from them, even though there were several possible escape routes.

Woodfox had a lengthy criminal record but Jiminez wasn't aware of it at the time of the shooting.

On Dec. 31, 2007, Jimenez and another officer shot and killed 20-year-old Andrew Moppin, telling investigators Moppin had made a quick move toward his waistband and they thought he was reaching for a gun.

However, Moppin was found to be unarmed.

Buffington said the Oakland Police Department and the Alameda County District Attorney's Office cleared Jimenez of any potential wrongdoing in Moppin's death and didn't require him to undergo any further training.

He said he believes that was an indication that police officials thought Jimenez had acted appropriately in responding to what he perceived as a potential use of deadly force.

Buffington said Woodfox acted "in an even more aggressive manner" than Moppin did, so he believes it was "completely incongruent" for police officials to fire Jiminez for the Woodfox incident.

Buffington said he will file a grievance with Oakland officials to try to help Jimenez get his job back.

Burris said a lawsuit he filed against the Police Department and Jimenez and the other officer in connection with Moppin's death is still pending in federal court.

Burris said he thinks that Jiminez should be criminally prosecuted for killing Woodfox and has asked the U.S. Attorney's Office to do so. He said he also asked Alameda County District Attorney Tom Orloff to prosecute Woodfox but Orloff hasn't taken any action so far.

Burris said he thinks Woodfox's death was "outrageous" because Woodfox "was not a threat and shouldn't have been shot."