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A World War II veteran was fatally shot by police as his wife cowered behind him. Now the widow is suing the California deputies for excessive force, and the death of her husband, during a welfare check.

Harue, who is 90-years-old, and her husband Craig, 86, were at home when they heard noises outside, and believed intruders were trying to break in. Craig then went and got his .38 caliber revolver to and then positioned himself in front of his wife, to protect her.

Fox News reports:

The lawsuit, filed Monday, claimed that Santa Clara deputies used excessive force and violated due process when they performed a welfare check at Eugene Craig’s home on Sept. 12, 2016.

Despite a neighbor offering to help officers get in contact with the elderly couple, the lawsuit alleges that deputies forced their way into the house. They shot Craig multiple times as his wife “cowered behind him.”

Officials from the Santa Clara County Sheriff’s Office said after the shooting, deputies spent nearly an hour calling the couple before breaking down a side door, according to Mercury News. Craig ignored the deputies when they asked him to drop his gun, officials claimed.

The family said the shooting was “excessive and unreasonable” because the couple wasn’t a threat to the officers.

The complaint said Harue Craig suffered from emotional stress watching her husband die in front of her. She also had to deal with funeral and burial expenses because of the incident.

She seeks damages for his wrongful death including compensation for the expenses and financial support that incurred.

The department is not commenting at this time.

This is absolutely horrible. Craig survived WWII, only to be shot down in his own home, in front of his wife! He was simply trying to protect her and his home. Bless his heart.

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