The family of the man police say was shot by late Detroit emcee Proof is set to follow a wrongful death lawsuit against the rapper’s estate, according to an AP report.

35-year-old Keith Bender died one week after suffering a gun shot wound to the head during the altercation. After shooting Bender, Proof was shot and killed by a bouncer at Detroit’s CCC night club.

According to the suit, Proof“violently assaulted and battered (Bender), culminating with the infliction of a gunshot injury that caused the death of Mr. Bender,”. The lawsuit was filed by Bender’s wife, Jacqueline and mother, Leona.

A lawyer for the Bender family also issued a statement on the matter, stating his disappointment with the way the media and public have treated the situation.

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“It is shameful that Mr. Holton is being lauded as a hero and martyr, when, in fact, it was his own criminalistic conduct that not only led to his death, but took the life of an honorable, innocent man,”Michael Cafferty said via statement.