This lawsuit filed in Portsmouth Circuit Court today is the first sign of hope for family and friends of Kirill Denyakin since his death.

“Hopefully this will give them the satisfaction that the American system of justice does work and help bring some closure to this terrible, terrible tragedy,” said John Hooker.

Attorney’s John Hooker and Carlton Bennet filed suit against the city and the officer involved in the shooting that killed him Easter weekend.

Denyakin was shot to death when police say he was trying to break into this apartment building off Green Street.

They say he lunged at the responding officer, causing him to open fire. An autopsy revealed that Denykin had a blood alcohol content that night of 0.28.

“At that point you’d probably have little to no motor skills, much less be able to lunge, threaten, do anything,” he says.

And that’s exactly what this lawsuit says is the reason the officer should never have fired even one shot, much less fifteen.

“There are some people who should not have a badge and gun, and he’s a good example,” he adds.

The lawsuit also points out that the building Denyakin is accused of breaking into, was actually where he lived.

NewsChannel 3 spoke to Denyakin’s mother by translator over the phone, who says people in his home country of Kazakhstan are outraged at what happened.

“This officer was violating the first human right, which is the right to life. He violated that sentimental right,” Yelena Denyakin said through her interpreter.

Meanwhile the investigation into what happened is still ongoing. But in addition to the $22 million sought in compensation, these lawyers want the officer involved off the streets. Which they say will be the closest thing to justice for the Denyakin family, who hadn’t seen him in five years, since he left for the U.S.

“We still think he’s somewhere far away,” Kirill’s mother says.