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The family of a man who was shot and killed by a Los Angeles County Sheriff’s deputy in Valencia nearly two years ago is suing the department.

The suit, first reported by Seamus Hughes’ Court Watch and one of only a handful of cases filed on Christmas Day, alleges that Christopher Mercurio’s Jan. 11, 2023, killing at the Westfield Valencia Town Center mall was unnecessary.

Mercurio’s family further alleges that the two shots fired by Deputy Lorena Gonzalez amounted to “unreasonable and excessive force” against a person with mental health issues.

Gonzalez was present that night to check on Mercurio, who was reportedly trespassing at the mall, though body camera video shared by the department shows that the situation quickly escalated.

The family argues that Mercurio’s statements at the time “did not make sense,” and video shows Mercurio charging at Gonzalez and telling her to shoot him.

Gonzalez fired at Mercurio, striking him twice and ultimately killing him.

His family seeks “judicial redress and monetary damages for such constitutional violations.”

A request for comment from the LASD was not immediately returned.