WASHINGTON (DC News Now) — The lawyer for a woman whose son died after an off-duty commander with the Metropolitan Police Department shot him in 2022 said she would be filing a lawsuit against the officer and the department.

“Today, might heart is broke, but I’m still in fight mode for my son, because as I stood over his grave, I promised him that I would fight for him no matter what it took,” said Tanya Wilson who appeared with her lawyer at a news conference Friday.

A day earlier, the U.S. Attorney’s Office for the District of Columbia said that there wasn’t enough evidence to pursue federal criminal civil rights or D.C. charges against Jason Bagshaw, who shot Lazarus Wilson on July 16, 2022.

Bagshaw was eating with his wife when they saw a commotion. Bagshaw and his wife walked towards it. As they left the restaurant, they said they Wilson pointing a gun at someone in what looked to be a robbery attempt.

Andrew O. Clarke, the lawyer for Wilson’s mother, said that Wilson and his friend were the people being robbed and that Wilson had his gun out to protect his friend. Clarke said the friend told investigators that. He added that Bagshaw, who said he identified as “MPD” and told Wilson to drop the gun, didn’t assess the situation to determine why Wilson had a gun before shooting him.

“The U.S. Attorney’s Office looked me in my face yesterday and told me that my son and his life did not matter, that his death did not matter,” stated Tanya Wilson. “His life did matter. This incident will be resolved. We will continue to fight. We will continue to protest. We continue to remember his name which is Lazarus David Wilson.”

Although Clarke did not indicate, specifically, when they would be ready to file the lawsuit, he said the basis of it would include wrongful death and use of excessive force claims, noting that no amount of money could replace Wilson or make up for the loss felt by Wilson’s mother and other family members.