GEORGIA (WITI) -- David Hooks was shot in the back and head as he was lying face down on the floor during a drug raid. This, according to the lawyer representing his family. No drugs were found.
WMAZ reports Hooks was shot and killed on September 24th, while deputies served a search warrant at his home. They were looking for drugs. They found none.
Now, Mitchell Shook, the lawyer who is representing Hooks' family says the drug raid was illegal. He has asked the FBI to investigate.
Shook says 17 shots were fired in the home as the search warrant was executed.
Teresa Hooks, David's wife, tells WMAZ she remembers the night of September 24th clearly:
"Between 10:30 and 11, I turned the light off upstairs. I heard a car coming up the driveway really fast, and I looked up the upstairs window. I saw a black vehicle with no lights. I saw six to eight men, coming around the side of my house, and I panicked. I came running downstairs, yelling for David to wake up. He was in the bedroom asleep, had been for about an hour-and-a-half. When I got downstairs to the bottom of the stairs, he opened the door and he had a gun in his hand, and he said, 'who is it?' I said I didn't know. He stepped back into the bedroom like he was going to grab his pants, but before he could do that, the door was busted down. He came around me, in the hall, into the den, and I was gonna come behind him, but before I could step into the den the shots were fired, and it was over. Initially, I thought that I was going to die. I thought I was going to be shot. I thought a gang had broke in, and up until I heard the radios -- the dispatch radios, I had no idea."
A search warrant indicates the shotgun David Hooks had in his hand wasn't loaded.
Teresa Hooks tells WMAZ she sat in handcuffs outside her home for two hours after the shooting.
Shooks says he wants the case to be heard before a grand jury, telling WMAZ: "We hope that the district attorney will take all of this into consideration and take this case before the grand jury and do it in a matter where the grand jury hears everything, not just the officer side of the story."
The investigation has been turned over to the Georgia Bureau of Investigation.
The case will be turned over the the District Attorney's Office for possible prosecution.
CLICK HERE for more on this story via WMAZ.