Family of man killed by Dallas police in 2015 files lawsuit

The family of a man shot and killed by Dallas police in what the family claims was a misunderstanding has filed a lawsuit.

Desmond Luster’s family announced one year to the day he was killed they will sue the City of Dallas and the security firm that employed the off-duty officer.

"Give us answers. That's all we want is answers." said former wife Cassandra Luster.

Desmond Luster, as well as his mother Beverly Luster Brown, were on the phone with 911 as he chased 3 burglary suspects from his home that afternoon.

A confrontation near the Flying J Truck Stop where then-officer Aaron Tolerton was working a security job ended with that officer firing at luster as he drove up to the scene where one teenager had been apprehended.

"After officer Tolerton fired the final shot, he pulled him out of the vehicle, put him on the ground, handcuffed him. Instead of rendering first aid, he attempted to apprehend his brother DeMon who was following close behind,” said attorney Don High.

Dallas police later expressed Tolerton felt threatened and thought luster was another suspect driving toward him after jumping the curb.

The lawsuit said: "No reasonable officer would have mistaken decedent Desmond luster or plaintiff DaMon Luster as suspects to a crime and detained either of them before, during or after defendant Tolerton began shooting." 

The suit seek damages more than $1 million dollars... But beyond that the family is asking for a jury to decide affair penalty that includes everything from mental anguish to funeral expenses to lost wages Luster would have earned.

"Today makes a year and we still haven't heard from the police department,” said Cassandra Luster. “His truck is still at the pound. They won't release anything to us. They won't release the police report. We would like answers."

Tolterton was let go by Dallas police due to an unrelated incident.