The North Carolina Central University's Law Clinic is now representing the family of Jose Ocampo.
He's the 33-year-old man Durham police shot and killed last Saturday.
Police were responding to a stabbing call in the 800 block of Park Avenue. They say Ocampo was shot when he refused to drop a knife in his hand.
Attorney Scott Holmes says he has three witnesses who claim Ocampo never posed an imminent threat, and that the shooting was not justified.
"Based upon the eyewitness statements of the three non-officers on the scene, the Durham officer did not accurately assess the threat or properly interpret the behavior of Mr. Ocampo," said Holmes.
The shooting is being investigated by the N.C. State Bureau of Investigation and the Durham Police Department's Professional Standards Division and Criminal Investigations Division, which is standard procedure in any officer-involved shooting.