Teen's family plans to file wrongful death lawsuit against Columbus police

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The family of a 16-year-old who was shot and killed by police said they plan to file a wrongful death lawsuit. However, Columbus Police said the family's account of what happened is inaccurate.

Police said Julius Tate had committed at least two previous armed robberies and, on the night he was killed, held up an undercover officer.

The family's attorney said a witness claimed Tate was not armed and that police led him out of a home, shot him, then went back into the home and took a gun, claiming it belonged to the teenager.

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“I have a sworn statement, saying it was totally different than what the police have said happened,” said Attorney Byron Potts.

Potts would not share a copy of the affidavit or the name of the alleged witness.

Police said that version is inaccurate, saying Tate had a gun and pointed it at police.

10TV has also learned Tate's father filed a report in April, claiming his son stole a gun out of his car. Tate was a student at Columbus Scioto, which Columbus City Schools describes as a school for children with social and behavioral disorders.

Police said Kira Dickerson was a prior victim of Julius Tate. She had arranged to buy a television from him through an internet buy and sell site.

“I felt a gun against my head,” said Dickerson. “I was just like, 'Oh God, no please.'”

When she arrived at the meeting place, she was held up at gunpoint and pistol-whipped in front of her two children.