Family files claim against Napa County after man killed, pulled over for traffic stop

The family of a man shot and killed by a Napa County sheriff's sergeant is taking legal action.

On Tuesday, they filed a claim against the county.

Relatives say Juan Adrian Garcia was not a threat when he was shot and killed during a traffic stop on Highway 221 in October. 

 Body-cam video shows Garcia did not stay in his car when Sgt. David Ackman pulled him over for driving without his headlights on.

Instead, he threw his cellphone out the car window and walked toward the officer, with one hand behind his back.

The family's attorney believes the sergeant could see Garcia's hands.

The officer could tell from the very beginning that he was unarmed. He could see both his hands," said the Garcia family attorney, Michael Haddad. "What it looks like to me is that the officer just panicked. And now they're caught trying to come up with an excuse after the fact."

Deputies confirmed that Garcia was not armed. But they say he had a blood-alcohol level more than 4 times the legal limit.

Haddad countered: "Having had alcohol doesn't justify deadly force against you, it's not a death-penalty crime. Obviously, he shouldn't have been driving."