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The aunt of a man who was shot and killed in May is suing the Luverne Police Department’s assistant police chief.

Chanda Callaway has filed a lawsuit that claims that Mason Adcock used wrongful and excessive force in the death of unarmed Channing Lamar Spivey on May 27.

According to the complaint, Spivey, 34, had received surgery to remove a brain tumor when he began experiencing side effects that included irritability and erratic behavior, and was experiencing those symptoms the day he came in contact with Adcock.

On the morning of May 27, Spivey wrecked his vehicle into a tree on a friend’s property. Two policemen arrived at the scene and offered Spivey a ride home, but he refused.

Neighbors then reported seeing Spivey walking home barefoot and shirtless and were concerned and alerted Callaway, who contacted the Luverne Police Department and told the dispatcher and Crenshaw County Sheriff Terry Mears of Spivey’s surgery and side effects.

After Spivey arrived home, he “became irrational, argumentative and belligerent” toward his brother, Westley Spivey, and his friend, Justin Robinson.

Westley’s girlfriend, Zanna Bloodsworth, called 911 after Spivey “grew more agitated,” and told them about Spivey’s surgery and side effects.

EMTs accompanied by Crenshaw County Deputy Brent Penny arrived on the scene and tried to subdue Spivey, but he would not comply with orders and broke an ambulance window. Bloodsworth then went to ask for help from Adcock, who was Spivey’s neighbor, “after witnessing and fearing” for Spivey’s safety.

Spivey began advancing toward Deputy Penny, causing him to draw his gun and retreat toward Adcock’s home. Westley Spivey and Robinson followed.

Bloodsworth entered Adcock’s home and alerted him of the situation, who “appeared to be aware of the situation unfolding at the Spivey home from his police scanner and appeared to be preparing to leave the house,” according to the complaint.

The complaint said that Adcock then left the house to see the group of men advancing toward his home, and Penny joined Adcock as the two aimed their guns at Spivey. Spivey began walking toward the two officers when Adcock began repeatedly firing his weapon, “striking Channing five times and killing him.”

Spivey was unarmed at the time of the shooting and wearing only swim trunks and underwear. According to the complaint, Spivey was not resisting arrest nor ever told he was being arrested.

Callaway claims that “Adcock’s use of deadly force…was an excessive use of force and violated the Fourth Amendment.”

The investigation has been turned over to the State Bureau of Investigation to determine if any wrongdoing was committed by Adcock, but that investigation is still under way.

Multiple efforts to reach Adcock’s attorney turned up unsuccessful.