POMONA (CBS) — Relatives of a 26-year-old man who was shot to death by Pomona police filed a wrongful-death claim against the Police Department and released a video Tuesday of the same man being Tasered during an arrest three months earlier.

Andres Avila, or Pomona, was fatally shot by police at 8:40 a.m. Oct. 16 in the 900 block of West Holt Avenue, according to the Sheriff’s Department, which is investigating the shooting. Sheriff’s officials said two officers were on patrol when they encountered a man and a woman in an alley. The man allegedly was uncooperative and violent, leading to the shooting, sheriff’s officials said.

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Citing the ongoing investigation, Pomona police declined to comment on the wrongful-death claim, referring inquiries to the Sheriff’s Department.

A claim is a precursor to a lawsuit.

The family’s attorney, Luis Carrillo, said Avila was asleep in his car with his girlfriend.

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“Andy was unarmed and in a matter of seconds, he was shot dead by Pomona police officers,” Carrillo said. “A federal investigation is required because we don’t have confidence that the Sheriff’s Department will do a complete independent investigation.”

Carrillo also released copies of a video showing Avila being arrested on the Fourth of July. He claimed the video shows Pomona police using a Taser on Avila while he was on the ground, and another officer punching him while he was handcuffed on the ground.

According to the attorney, Avila filed complaints July 27 against the officers involved in the arrest.

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