INDEPENDENCE, Mo. — The family of a Missouri man killed by Independence police has filed a federal wrongful death lawsuit, claiming the shooting was unjustified.

The Jackson County Prosecutor’s Office reviewed the case and declined to file charges.

The family’s attorneys said despite that finding they are confident in their chances because the burden of proof is not as high in civil court, as it is in criminal proceedings.

Another part of their confidence is due to the fact that Tyrea Pryor was trapped and pinned after the crash and “could not” pose a threat.

“This case is unconscionable. It shocks the conscious,” Harry Daniels, the family lawyer, said.

Pryor was not only trapped and pinned, but an officer said “we can’t even get him out.” That coming after the officers fired what the family says was more than 15 shots.

“Those same officers that were there to help him took his life – 15 times mutilated his body,” Daniels said.

“Mr. Tyrea was almost in a fetal position himself. He was severely injured and that’s where help was required,” John Burris, another attorney representing the family, said.

The Jackson County Prosecutor’s Office reviewed the case, and Jean Peters Baker determined there was not enough evidence to charge the officers involved.

She said the facts support the officers’ beliefs of a deadly threat were reasonable at the time of the shooting.

Investigative files show Officer Jamie Welsh said he saw a gun and that’s why they shot — but no pistol was ever recovered.

Minutes after the shooting, another officer is heard saying, “I don’t see a pistol. I think you saw the AR because I was trying to get the AR out.”

Hunter Soule, the officer who shot after Welsh, admitted he didn’t see a gun until a second before they started shooting but that he couldn’t be 100% certain it was a weapon.

“We want change. We want change. We don’t want this to happen to anybody else’s family. We want justice for our loved one,” Nigel Johnson, Tyrea’s brother in-law said.

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FOX4 reached out to the City of Independence, which is named in the suit, and the city issued the following statement:

“The men and women of the Independence Police Department are sworn to keep people safe, and when there is a fatality, it weighs heavily on all of us. Any loss of life is tragic. We are aware that a lawsuit has been filed by the family of Tyrea Pryor, but neither the officers nor the City have been served.

“As with any officer-involved shooting, this case was investigated independently by an outside agency in this instance the Missouri State Highway Patrol and then evaluated by the Jackson County Prosecutor’s Office, which determined that charges would not be sought against the officers. We are constantly working to improve our ability to respond to intense situations and ensure our officers are prepared to provide the services needed during any call they receive.”