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CHARLOTTE, NC (AP) — A family is suing Charlotte-Mecklenburg police, saying the department used excessive force in the fatal shooting of a former Florida A&M football player.

The lawsuit says 23-year-old Jonathan Ferrell was unarmed when he was killed last year.

The North Carolina Attorney General’s office said Monday it would seek an indictment against police officer Randall Kerrick.

Kerrick is white and is charged with voluntary manslaughter in the death of Ferrell, who is black.

Ferrell had pounded on the door of a home for help after wrecking his car. But the woman in the home thought he was a robber and called 911.

Three officers responded to the call, but Kerrick was the only one who fired his gun.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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