The mother of a Hudson Valley man killed by a state trooper says she is heartbroken after learning the officer will not face charges.

Her son, 41-year-old Daniel McAlpin, was shot inside his home three years ago. State troopers say they were called for a mental health emergency.

The attorney general's office ruled the shooting justified, saying McAlpin was armed with a knife and an airsoft gun and moved toward officers.

"He didn't need this, he didn't deserve this. It's so totally wrong and we lost a good, loving son," said Mary McAlpin.

Family attorneys argue less-lethal options could have been used. "The protocol should obviously be to work with individuals understanding they're in a state of disturbance rather than these violent confrontations that kill people," said co-counsel Michael Sussman.

The family is now pursuing a civil lawsuit against the trooper.