CLEVELAND (WJW) — Cleveland’s police union is outraged city officials are not going to rule the New Year’s Eve murder of officer Shane Bartek as a line-of-duty death.

Cleveland Police Patrolmen’s Association President Jeff Follmer says that while Bartek was off duty at the time of the alleged carjacking incident, the 25-year-old acted as an officer when he tried to grab the suspect’s gun.

Officials with the Cleveland Division of Police informed Follmer of the decision this morning. The I-Team did reach out to the department for comment and was told a final ruling has not been made yet.

Follmer, however, says he was told Monday that they were not going to rule Bartek’s death as a line-of-duty death. He said he is happy if they are reconsidering it and hopes officials change their minds. Follmer told FOX 8 his organization wants Bartek’s family to get the support they need during this time. A local non-profit organization called Bluecoats Inc. provides funding to police officers and sheriff’s deputies who die, but only if the death is ruled in the line of duty.

Two suspects have been charged in the incident and an investigation is ongoing.