The City of Peoria is under fire today, after the family and girlfriend of a Peoria man, filed a wrongful death, and negligence lawsuit.

They say the actions taken by the police were reckless and resulted in a death, as well as the injury of an innocent person.

Jessica Flowers, the only eyewitness to an incident that took place last April, is suing the City of Peoria, after she was accidentally shot during a domestic disturbance call.

Attorney Berve Power Jr. says the police should pay not only for the death of James Lee, but also for shooting Flowers in the hand during the altercation.

He said, "Jessica Flowers is the victim by all accounts. Jessica Flowers, what we know for certain, has lost the use of her right hand. She did not ask for that."

Twenty-six-year-old James Lee died April 26, 2007, when police responded to a domestic dispute call and thought Lee had a gun. Flowers' young children were also at home during the incident.

At the time, Peoria Police Captain Phil Korem said the two officers, John Peterson and Robert McMillen, were justified in their actions. Today, Peoria County State's Attorney Kevin Lyons said the lawsuit is totally without merit.

Last June, the police said an investigation showed officers followed department rules and regulations. They released the 9-1-1 tape of the incident.

Flowers made the 9-1-1 call and left the phone off the hook after talking to the operator. The entirety of the call was a vocal match between the girlfriend screaming and Lee cursing.

Minutes later Lee and Flowers went to the front door. That's where police say Lee confronted officers with a handgun and would not put down his weapon.

Lee died from multiple gunshot wounds to the chest. Flowers was shot in the hand.

The case is scheduled for a court hearing in September.