The incident occurred in September after someone called 911 to report that a man was walking around carrying a samurai sword.
Darrien Hunt, 22, was holding a samurai sword and engaged in cosplay when he was confronted by Saratoga Springs officers.
Police say Hunt lunged at them with the sword, but the family disputes that, saying Hunt only unsheathed the sword after police asked to see what he was carrying.
Video taken from a nearby restaurant also shows Hunt running away from officers at the time he was gunned down. According to the Associated Press, Hunt began running away after refusing to give police his sword.
Hunt’s family is suing officers Matthew Schauerhamer and Nicholas Judson, as well as the city, for unspecified damages.
As BreakingBrown previously reported, the two officers were cleared in the fatal shooting of Hunt. In explaining why the officers who confronted Hunt would not face charges, Utah County Attorney Jeff Buhman said the officers were reacting to a threαt.
“He did not stop after being given a verbal command to stop,” Buhman said. “The time it would have taken for Mr. Hunt with the sword still in his hand after having stαbbed or slιced at officers, it would have been a matter of seconds before he reached someone else.”
Utah authorities confirmed to FOX 13 that Officer Nicholas Judson was wearing a body camera that was not active when he shοt Hunt.
According to the family’s independent autopsy, Hunt was shοt six times in the back.