(CBS) — The Chicago police officer who accidentally killed a 55-year-old Chicago woman during a police call says he knew she was nearby when he fired his gun.

The shooting in December 2015 left 19-year-old Quintonio LeGrier and his neighbor, Betti Jones,  dead.

Officer Robert Rialmo responded to a domestic disturbance when investigators say LeGrier came at him with a baseball bat.

Jones was in her hallway when Rialmo fired his gun.

Rialmo’s attorney, Joel Brodsky, says although the officer knew Jones was close by when he fired, it doesn’t mean he violated police protocol.

“If someone’s trying to kill you have a right to act in self-defense, even if it endangers somebody else nearby you,” he tells CBS 2’s Dana Kozlov.

Jones and LeGrier’s families are suing Rialmo and the city.

Prosecutors decided there wasn’t enough evidence to charge the officer with a crime.