By Elisabeth Smith

SACRAMENTO (CBS13) — The brother of a man shot and killed by Sacramento police is now suing the department.

Surveillance video showed Jeremy Southern pointing a gun at officers before they shot him last month at the Crossings Apartment Complex near Sacramento State.

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About three minutes after he fell to the ground, an officer shot him again, after Southern appeared to crawl toward the gun.

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An attorney for Southern’s family claims that the second shot was not necessary and against the law.

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