He was a proud immigrant, an American citizen. Then, he was shot to death in front of his entire family - at the hands of a police officer.more>>
Lawyers filed a wrongful death lawsuit in the case of Shelbyville resident Fermin Estrada. That came late Thursday.
Now, the Mexican Consulate is getting involved.
It wants the FBI to investigate. Since Fermin Estrada was a Mexican national as well as a U.S. citizen, the consulate feels it has a duty to see that justice is carried out.
At the center of this fight is the report issued by the TBI about the shooting of Estrada by a Shelbyville police officer.
Oldest son William Estrada remembers it clearly.
"I miss him everyday, everyday," William Estrada tells NewsChannel 5's Amy Rao. "All I remember is seeing my dad falling."
Shelbyville Officer James Wilkerson shot and killed Fermin Estrada in front of his family in his backyard in March. The family and witnesses maintain police never identified themselves.
"No, no, there were no warnings, no," William insists.
Police said they did and they added Fermin fired towards the officers -- and that's why they shot.
The debate over whether the officers identified themselves continues eight months later.
The TBI conducted the only official report into the officers' actions.
Under state law, the TBI can't release it.
The district attorney who has seen the report won't comment. The police chief hasn't seen it, but said the DA assured him his officer did nothing wrong.
The family can't get the report so they've now filed a $50 million wrongful death lawsuit. They're asking for $25 million in compensatory damages, $25 million in punitive damages.
The Mexican consulate wants some answers. They, too, want to see the TBI report.
"I will insist on getting the information on the investigations performed both by the Tennessee authorities and the federal authorities," Remedios Gomez, with the consul general of Mexico, tells NewsChannel 5.
The consulate has sent a letter to the FBI, hoping for a response.
Meanwhile, the Estradas' lawyers are looking for a court date.
They allege in the lawsuit that Wilkerson used excessive force and that his poor decision making and practice of racially profiling contributed to the assassination of an innocent man.