The widow and children of Peter Cukor have filed a wrongful death claim against the city for severe emotional distress. This is first step toward filing a lawsuit.
Cukor was killed on February 18 shortly after he called police to report that an intruder was inside his Berkeley home.
The family claims that Cukor was told by a dispatcher that help was on the way, but that the dispatcher never intended to send it and even told an officer not to respond.
The city of Berkeley did not respond to ABC7's calls for a comment. A suspect is in custody.