The family of a man shot and killed by Austin Police officers last year has filed a wrongful death lawsuit against three police officers and Chief Art Acevedo.

25-year-old Richard Munroe called 9-1-1 on July 5, 2015 saying he was distraught. Munroe would not give his address, but the 9-1-1 operator stayed on the line with him until Officers John Nelson, Stephen Johnson and Matt Murphy arrived.

As the officers approached the residence, Munroe exited holding a gun. Officers ordered Munroe to drop the gun, but Munroe refused and went back into his residence. Munroe emerged from the residence again, still holding the gun. Officers again ordered Munroe to drop the weapon, but Munroe refused, investigators say.

Munroe would alternate between waving the gun in front of him and pointing it at his own head. Munroe then sat down on the front porch and put the gun in his lap. At that point, Officer Murphy attempted to stun him with a Taser, but it had no effect. Munroe responded by pointing his gun at Officer Murphy. That’s when Officers Nelson, Johnson and Murphy fired their weapons at Munroe, striking him several times, investigators say.

The gun in Monroe’s possession turned out to be a BB gun.

The lawsuit paints a different picture of events. It says that Munroe called 9-1-1 saying “the only thing he needed was someone to talk to.” The lawsuit details Munroe’s diagnosis with Schizoid Personality Disorder and his battle with mental illness.

The suit says that during the call, Munroe thanked the 9-1-1 operator 11 times for staying on the phone with him and that he never threatened to harm himself or anyone else. During the call, he was adamant that he didn’t want police sent to his home. Regardless, the lawsuit states, Munroe heard sirens and the operator told him the police were required to investigate within an 3-mile radius of the cell tower and offered to send a mental health officer to Munroe’s home to “sit and chat.” Munroe declined.

The lawsuit says that when Officers Nelson, Johnson and Murphy arrived on scene, they began yelling at Munroe, who became upset that police had found where he lived. The suit says the operator told the officers to “slow it down,” but instead the continued to yell at Munroe to show his hands and put the gun down.

At this point, according to the lawsuit, the operator asked Munroe if he had a gun. The lawsuit says that “although he did not convey it to the operator, the gun he had was merely a BB gun” and that Munroe never threatened to hurt himself or the officers.

The suit alleges that Munroe sat down on the front porch step and put the gun in his lap, continuing to talk to the 9-1-1 operator on the phone. Officer Murphy continued to yell at Munroe, and several times Munroe told him to stop talking. The suit claims Munroe asked the operator to tell Murphy to stop talking so he could “have quiet for a second.”

Instead, the lawsuit alleges, Murphy rushed at Munroe and attempted to tase Munroe while he was on the phone. The suit alleges that them, at the moment the taser was deployed, Officers Johnson and Nelson “knowingly and intentionally” shot Munroe multiple times with “intent to kill.”

Officers and paramedics rendered aid to Munroe but he died at the scene, four minutes after he called 9-1-1.