MILWAUKEE (CBS 58) -- The family of a man killed in a deputy-involved shooting near Milwaukee's lakefront is taking legal action.

"Essentially with the ballistics and with the video, we concluded the officer was trying to stop Mr. Williams, rather than because he was afraid of great bodily death or injury," said Walter Stern, Attorney for the estate of Terry Williams.

The dash cam video was released last summer. A deputy ordered an SUV to pull over twice. Instead, the driver takes off across the grass towards Lincoln Memorial Drive. The SUV is then seen making a U-turn, narrowly avoiding the deputy who shoots at the vehicle, hitting a passenger and killing Terry Williams.

The attorney filed a wrongful death suit in federal court on Thursday on behalf of Williams estate.