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Family Sues On Behalf Of Woman Shot Dead By Off-Duty Detective

CHICAGO (CBS) -- The family of a 22-year-old woman killed by bullets from the gun of an off-duty police officer has filed suit against the city and the officer who fired.

As WBBM Newsradio's John Cody reports, police initially said Rekia Boyd, of the 1500 block of South California Avenue, was killed when Detective Dante Servin fired to protect himself from another person approaching his car with a gun.

LISTEN: WBBM Newsradio's John Cody reports

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Attorneys for Boyd family say the only gun at the scene was the one fired by the police officer.

Boyd's brother, Martinez Sutton, says justice will be the only peace now for the family.

"Just watching that news story about the 22-year-old woman that got shot in the head, I'm like, 'I feel sorry for that family,'" Sutton said emotionally, "and come to find out that we were the family that it happened to."

The attorney for the family, James Montgomery, says he believes the City of Chicago might make a settlement offer rather than bring the case to trial.

Meanwhile, a memorial service for Boyd was held this past Tuesday. In the bulletin for the service, she was described as "a very loving, caring, beautiful, intelligent young lady. She carried a bold, contagious smile that showed she was full of life. She truly adored her family and friends. Rekia enjoyed listening to music, singing, and hanging out with family and friends."

Boyd's sisters, Tasha and Ikca, and a cousin, Tasia, each wrote remembrances that were included in the bulletin.

Cousin Tasia's poem read in part: "I'm glad she feels no pain, now she lives in a perfect land / I can still feel the soft touch on my shoulder of her loving hand / I lie in bed and cry at night / And I don't feel any better in the morning light / And I will love and miss her forever / until the day we are again together."

Police said around 1 a.m. March 21, the off-duty detective was pulling out of an alley in his car off the 3100 block of West 15th Place in the North Lawndale neighborhood, when he came across four people who were being loud and rowdy on the street.

Police say the detective rolled down the window of his vehicle to investigate, and saw a man approach him with a handgun, then allegedly point it at him.

"(He) rolls the window down and says, 'Hey guys, keep the noise down.' At that point, one of the offenders comes at him as he's sitting in his car. The offender has a weapon in his hand. The officer announced he's police – 'Drop the gun! Police!' The offender continues to advance on him," Chicago Fraternal Order of Police spokesman Pat Camden said. "At that point, the officer fires, in fear of his life."

The man who allegedly had the gun – Antonio Cross, 39 – survived a gunshot wound to the hand and now stands charged with misdemeanor assault. Boyd was shot in the head and was later pronounced dead.

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