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Family of man killed by deputy in Burien files claim against the King County Sheriff's Office

The family of the Burien man killed by a deputy last June filed a wrongful death claim against the King County Sheriff's Office on Thursday.

Tommy Le, 20, was shot by a deputy who responded after neighbors called 911 to report Le had a knife. The Sheriff's Office said he refused to drop the knife so the deputy shot him. It was later revealed Le did not have a knife, he had an ink pen.

Le's family released the medical examiner's report on Thursday that shows Le was shot twice in the back and once in the hand. They say it proves Le was not charging at officers, but had his back turned.

"We're very shocked, we're upset. We're his family and they shouldn't have hidden these facts from us," said Xuyen Le, Tommy Le's aunt.

The Le family says they were already doubting what happened that night after getting different stories from police about what Le was holding when he was shot.

"Tommy was unarmed when he was shot. He was shot in the back, twice," said Jeffery Campiche, the attorney hired by the Le family.  "The Sheriff's Office has yet to use the word 'mistake' and that's the word that should have been used to start with."

They filed a wrongful death claim and plan to sue the King County Sheriff's Office for a civil rights violation, totaling $20 million.

Sheriff John Urquhart wasn't ready to comment on the legal action. "The investigation isn't complete yet, and the inquest has not yet occurred.  Therefore it would be irresponsible to comment at this time," said King County Sheriff John Urquhart. The Sheriff's Office says it asked the FBI to take over the investigation but they declined. The FBI is monitoring the investigation and an agent is staying in contact with the detective, according to the Sheriff's Office.

The Sheriff's Office previously released 911 calls from neighbors who reported Le was threatening neighbors with a knife. KIRO 7 talked to a neighbor after the shooting who said she barricaded herself inside her house as he stabbed at the door.

When Urquhart spoke at a community meeting in July and told the crowd, "We believe he went back to his house, left the knife and came back with a pen in his hand," said Urquhart on July 19.

Le's parents spoke with the help of a translator. They don't believe their son would be violent.

"I just cannot find any plausible explanation why my son would be shot in the back," said Hoai Le, Tommy's father.

The toxicology report did not find any trace of drugs or alcohol in his system and his family says he did not have any history of mental illness.

The attorney for Le's family says he has still not received a photograph of the pen investigators say Le was holding.

KIRO 7 asked the Sheriff's Office for the evidence photo, the request was denied. The Sheriff's Office says the evidence will come out in the inquest.

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