SACRAMENTO (CBS13) — The widow of a man killed by Sacramento County Sheriff’s deputies is suing the department.

(credit: Sacramento Sheriff)

Maurice Holley was shot by deputies in Herald in October of 2019 after investigators say he reached for what turned out to be a Glock-style airsoft gun.

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The lawsuit disputes that, claiming video shows Holley attempting to “make himself more comfortable” while sitting on the ground and was not reaching for anything.

Holley’s widow Kimberly Perez is seeking damages from the department.

Deputies were called to Bennett Road on Oct. 6 after reports of a “suspicious man sitting in front of the home.” Holley was found lying in a ditch.

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The lawsuit claims Holley was asleep on the side of the road and presented “no apparent threat or harm” to the deputy.

As he asked for identification, the deputy reportedly noticed a weapon in the suspect’s waistband and began giving Holley verbal commands.

Officials claim Holley then reached for his weapon in his waistband and the veteran deputy, fearing for his safety, fired his weapon at the suspect. At least nine shots struck Holley and he was pronounced dead.

The lawsuit alleges that deputies did not call for medical care or allow medical personnel to treat Holley in a timely manner after he was shot. That alleged delay of medical caused Holley “extreme physical and emotional pain and suffering, and was a contributing cause of [Holley’s] serious injuries.”

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Holley’s three children are also named as “nominal defendants” in the suit and could be added as plaintiffs later if they choose.