Police say members of a proactive unit that chases the city's most violent criminals pulled over the van and fatally shot a passenger after he allegedly pulled out the gun.

The lawsuit comes after a grand jury determined police officers were justified in 29-year-old Norman Gary's death on Dec. 4, 2016.

The shooting occurred Thursday afternoon after officers pulled over the suspect's car on the city's far east side.

The officers say Bailey was seen digging in his car's center console, which they perceived as an imminent threat. Skeptics of their story suspect their decision to fire was driven by irrational fear.

He was one of four officers fired upon when they confronted a homicide suspect.

Terre Haute police spokesman Ryan Adamson said the police officer's investigation of a homicide led him the apartment complex on the city's south side.

Chief Bryan Roach says the officers' actions were "so far removed from accepted professional practice" that they damaged public trust of the department.

In the special prosecutor's conclusion he says the officers claimed "subjective fear or the objective reasonableness of fear," and that there was insufficient evidence to refute that claim.

A special prosecutor says there was not enough evidence to refute the officers' claim of self defense.

Police Chief Troy Riggs says the man was trying to remove an officer's gun from its holster when the shooting occurred Wednesday afternoon on the city's east side.