CONCORD (AP) — The mother of a man fatally shot by a North Carolina police officer during an attempted car theft filed a federal lawsuit Tuesday claiming the officer broke the law when he shot her unarmed son several times, called in the incident, then fired again.

Brandon Combs died after he was shot while behind the wheel of Concord Officer Timothy Larson’s police SUV in February, attorneys said.

Attorneys for Virginia Tayara filed the complaint Tuesday in Winston-Salem federal court accusing Larson and the City of Concord of excessive force, assault and battery, wrongful and intentional death and gross negligence, The Charlotte Observer reported. Attorney Harry Daniels said the complaint seeks “some form of justice for the Combs family.” The family also hopes the civil complaint will “jump start some criminal charge or indictment” against Larson, he said.

“Police officers cannot be judge, jury and executioner. That’s why we have a criminal justice system. That’s why we have the rule of law,” Daniels said.

The Cabarrus County District Attorney’s Office is investigating Combs’ death and has had the findings of a probe by the State Bureau of Investigation since June.

Concord Police said in a statement Tuesday that the department was aware of the lawsuit, “and we understand people want to know more about the officer and his actions on February 13.” To protect the integrity of the review, the department won’t make any further comment until the district attorney announces her decision, police said.