Family: Civil lawsuit not off the table in Keith Scott case

Although no charges are being filed against the officer who fatally shot Keith Lamont Scott, the City of Charlotte could be slapped with a civil lawsuit. 

The Scott family attorney said they're just now getting a chance to look at the case and begin their own investigation, would could take some time. But they said a civil suit is not off the table. 

Attorneys for the family said a civil lawsuit is still a possibility in the September shooting death of Scott by CMPD Officer Brentley Vinson. 

RELATED: Prosecutor: No charges filed against officer in Keith Scott death

"Based on the facts as discussed by the DA, I can understand their decision not to pursue charges, but that does not mean this officer's killing of Keith Scott was right, all that means is that under the view of the DA's Office it wasn't criminal and those are two completely different things," attorneys for the Scott family said. 

Proving the case in a civil suit is also completely different compared to a criminal case, according to Attorney Corey Rosensteel. 

"The DA can certainly say 'we don't believe there was evidence beyond a reasonable doubt that this was a crime.' The civil attorney can say 'we still think that they're 51 percent evidence that we believe that there was something done improperly that he should not have been shot,'" Rosensteel said. 

Charlotte has seen a civil suit play out before in 2013 when now former CMPD Officer Randall Kerrick show and killed Jonathan Ferrell. 

Ferrell's family settled with the City of Charlotte for $2.25 million in the civil suit. Several months later, Kerrick had his criminal trial which ended in a hung jury and the charge against Kerrick was dropped. But, there's a big difference in the two cases. Ferrell was unarmed and the DA said Scott had a gun. When you take the weapon out of the equation - Rosensteel said Vinson might have been charged.