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CANTON, Ohio (WJW)– The family of a Canton man shot and killed by police just minutes into the new year filed a federal lawsuit on Tuesday.

James Williams‘ family members and their attorney held a news conference at noon on Wednesday.

The shooting happened just after midnight on Jan. 1 at the 46-year-old’s home on 10th Street Southwest in Canton. Williams’ wife, Marquetta Williams, said her husband was shooting his AR-15 into the air to celebrate the new year.

According to the police body camera video, an officer walked up to the house and heard the gunshots. He then opened fired. On the video, the officer can be heard yelling, “Shots fired, shots fired! Police, get down!”

“The tragedy from this event has devastated the Williams family,” said attorney Blaise Meeker. He called the officer’s actions a “blatant and unnecessary” use of force.

Meeker said the officer shot Williams through a fence without announcing his presence.

Canton Mayor Thomas Bernabei released the following statement:

The city of Canton was made aware of the lawsuit through media coverage yesterday. The City of Canton has not yet been served with the lawsuit but obtained a copy of the lawsuit which is being reviewed by the Canton Law Department. Because this is now a pending case, it is not appropriate to comment on it in any extensive manner.

We continue to wait for the completion of the BCI investigation, which will be presented to the Stark County Grand Jury. The City’s internal affairs investigation will incorporate the BCI investigation and will be conducted subsequent to the Grand Jury’s determination.  Both of these investigative pieces are needed to factually respond to the allegations made in the complaint.

Our prayers go out to the family of Mr. Williams. The loss of a husband and father and friend under any circumstance is heartbreaking. We sympathize with the family for their loss.

James and Marquetta Williams were married for 10 years.

“He went back out about 12:05 a.m. to go shoot some more and when he went out there, he started shooting and next thing I know, he said he got shot and he stumbled back into the house and made it up the stairs into the living room and before he collapsed. He said ‘they shot me’ and collapsed,” Marquetta Williams previously told FOX 8.