The family of a man who picked up a BB gun for sale at an Ohio Walmart and was shot dead by police has filed a federal lawsuit , claiming that the corporation and police are responsible for his death . John Crawford III was black , and his family 's lawyers Tuesday mentioned Eric Garner , Tamir Rice and Michael Brown as they announced the suit -- evoking cases that have stirred international outrage because the three also were black and killed by police officers . Grand juries chose not to indict officers in those cases , just as they decided not to indict police involved in Crawford 's death in Beavercreek . The shooting happened August 5 . Crawford was shopping at Walmart and picked up a BB gun that was n't packaged and had been sitting on the store shelf for two days , the Crawford family 's lawyers said Monday . Cops killed man at Walmart , then interrogated girlfriend . Attorney Michael Wright said his legal team filed a federal civil lawsuit against two police officers ; Beavercreek 's police chief ; the city of Beavercreek and its Police Department ; and Walmart . Wright told CNN 's `` Erin Burnett OutFront '' Tuesday that race might have played a role in the shooting . `` We believe that had Mr. Crawford been white , he may have gotten a little bit more time to respond to the police officers , '' he said . `` These officers came in , saw Mr. Crawford and shot him on sight . They did n't give him the opportunity to live . '' Officer with place in local history . The two officers are Sgt . David M. Darkow and Officer Sean C. Williams , who is also `` involved in the only other fatal police shooting in the history of the Beavercreek Police Department , '' according to the lawsuit . The officers and their attorneys could n't be immediately reached for comment Tuesday . Walmart spokesman Brian Nick expressed condolences to Crawford 's family and to relatives of a mother who fled the scene of the police shooting with her daughter , had a heart attack and later died . The manner of death for shopper Angela Williams , 37 , was ruled a homicide because she died while `` fleeing and running '' from the chaos inside the Walmart , Greene County Coroner 's Office chief investigator William Harden told CNN affiliate WHIO . `` Our condolences go out to the families who lost loved ones , '' Walmart 's Nick said . `` Out of respect for everyone involved , we believe it 's not appropriate to discuss the specifics of this matter , but we can say that our associates acted properly . We take the safety and security of our stores very seriously so that Walmart remains a safe shopping experience for our customers . '' In September , an Ohio grand jury decided not to indict the police officers . But Beavercreek City Manager Michael Cornell and police Chief Dennis Evers have requested that the FBI review the case to determine whether there were civil rights violations . The Justice Department is investigating the police shooting . Despite that willingness for a federal investigation , the city of Beavercreek and its Police Department expressed confidence they will prevail in the latest litigation . `` We acknowledge the family 's right to bring this action and are confident the trial will be fair and impartial . We believe the evidence will prove that the officer 's actions were legally justified , '' the city said in a statement . Ohio 's open carry law . The lawsuit asserts Crawford was an innocent shopper whom police gunned down . `` Mr. Crawford never used , loaded or pointed the pellet rifle at anyone , was doing nothing improper or illegal , and never caused any harm or acted in a manner that would cause any reasonable person to believe that he may cause harm , '' the suit said . Williams and Darkow were responding to a 911 call about `` a gentleman walking around with a gun in the store , '' pointing it at people and `` waving it back and forth , '' according to a recording of the call . The suit contends that the two officers `` failed to take steps to assess whether any of the information provided by the 911 caller or dispatcher was accurate before Williams shot and killed Mr. Crawford , though they had an obligation to do so . '' Ohio concealed carry laws do n't regulate `` open '' care of firearms , so the open carry of firearms is `` a legal activity in Ohio , '' the state 's attorney general office says . As such , the lawsuit contends , Crawford `` was doing nothing wrong and in violation of no law or ordinance in the moments leading up to his death '' and `` was doing what people do in stores -- shop . '' When the two officers located Crawford , `` he was talking on a cell phone held in his right hand , with no other customers in his vicinity , and with his left side and back visible to the two police officers . Mr. Crawford was holding the Pellet Rifle in his left hand pointed down at the floor , '' the suit contends . Shot in a second . Williams shot and killed Crawford `` approximately one second after Defendant Williams or Darkow first made contact with him , '' the suit said . `` As a result , Mr. Crawford was shot before he even had time to react to the officer 's presence , much less to comply with any verbal commands Defendants Williams or Darkow may have made . '' The Crawford family is seeking at least $ 75,000 in compensatory damages and an unstated amount for punitive damages , the suit said . The family alleges , among other things , that the police officers did not use due diligence to determine that Wright was n't a threat ; that the officers did n't give him enough time to put down the weapon ; and that Walmart was negligent because the air rifle had been resting on a shelf , unpackaged and unsecured , for at least two days , the family 's lawyers said Tuesday . The suit also accuses the police chief of failing to properly train and supervise the two officers . Crawford was the father of a baby son , Jayden , born last March , the suit said .
John Crawford III may have gotten the chance to live if he 'd been white , attorney says . Score: 7 Crawford 's family seeks $ 75,000 in compensatory damages . City and police say `` evidence will prove officer 's actions were legally justified ''