The mother of the NYC police officer from White Plains who was killed in the Bronx is now filing a wrongful death lawsuit against New York City.

Eric Hernandez, 24, was off duty in the Bronx when he was attacked by six men. After the beating, police say Hernandez pulled out his gun and was told to lower it by a fellow officer. The responding officer, Alfredo Toro, of Orange County, mistakenly shot Hernandez when he refused to lower his weapon. Hernandez later died as a result of the shooting.

Hernandez?s mother is reportedly suing New York City, the New York Police Department and Officer Toro for $50 million. She feels the city is responsible for her son?s death. Hernandez?s attackers have each been charged with assault. Toro has not been criminally charge or disciplined.

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