>> affirmative, 930. >> reporter: crawford's family argues crawford never had a chance. the video shows he had back to police and was on the phone when they approached and the officers opened fire just one second after they confronted crawford. >> one of these is a real gun and one of these is the gun mr. crawford was carrying that day. as you can see, it's very hard to tell the difference. >> reporter: it turns out crawford was holding a pellet gun he had picked up from a store shelf, not a rifle. in september, a grand jury chose not to indict the officers on any charges. the family is now filing a federal lawsuit against police and walmart. saying the pellet gun should have been locked up and police should have done due diligence before opening fire. the city responded with this statement, "we believe the evidence will prove that the officer's actions were legally justified." walmart expressed condolences and said, quote, our associates acted properly.