Mauricio Barron, 27, of Riverside, died in October after he was shot by a CHP officer on the 5 Freeway.
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Officials said Barron was running in the northbound lanes on the freeway near Barranca Parkway, then crossed over to the southbound lanes and was struck by a car.
The CHP says Barron was still on his feet when CHP officers arrived. They say he claimed to have a gun and assumed a shooting stance before he was shot by the officer.
Barron's family has hired an attorney who has filed a claim of excessive force against the CHP. They are also demanding to know more about the investigation.
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They say they had notified authorities earlier that day in Riverside and Irvine that they were concerned about his well-being.
"Why did the cop do what he did?" said Karla Barron, Mauricio's sister. "Why did law enforcement do what they all did, knowing the situation from almost 11:00 in the morning, that whole day."
The shooting remains under investigation by the CHP and the Orange County District Attorney's Office.