SUFFOLK, Va. (AP) - A woman is suing a Virginia police officer who shot and killed her son while he was carrying a BB gun.

Media outlets report attorneys for Corey Achstein's mother filed the $8 million wrongful death lawsuit Monday against Suffolk Officer James Babor.

Babor shot 28-year-old Achstein in his back Dec. 28 after responding to reports of a man chasing three juveniles and threatening them with a gun.

A report said Achstein was armed with a BB gun that looked like a handgun.

Achstein was white, as is the officer.

Prosecutors said in May that Babor was justified in shooting Achstein.

However, the lawsuit says the use of deadly force was unnecessary and Babor didn't use any nonlethal means before shooting Achstein.

The Virginian-Pilot reports that Babor couldn't be reached for comment.