Updated

Relatives of the Southern California man who was holding a water nozzle when he was fatally shot by police says they'll sue the department for wrongful death, negligence and battery.

Attorney Brian Claypool, who is representing Douglas Zerby's family, said Friday that Long Beach officers should have identified themselves and asked neighbors whether the man was a threat before staking out the 35-year-old on Sunday.

Claypool says he believes Zerby wasn't pointing the water nozzle with both hands at officers — as police officials reported — because his body had three bullet wounds in the center of his chest.

Zerby's family says he was drunk and playing with a water nozzle in front of a friend's house. Neighbors called police thinking he had a gun.

___

Information from: Los Angeles Times, http://www.latimes.com