Updated:MARION COUNTY, Fla. —
The father of a man who was shot and killed during a scuffle with Marion County deputies is in federal court insisting his 21-year-old son didn't have to die.
Two deputies involving in the confrontation with Joshua Salvato were cleared of any wrongdoing in the 2012 incident. But Salvato's father is now suing the Marion County Sheriff's Office, claiming those deputies didn't follow procedure.
On Monday, a jury of five men and three was selected to hear the case.
Video from a deputy's patrol car camera, first obtained nearly two years ago by Eyewitness News, shows the deputy shooting Salvato before another deputy shocked him with a stun gun 12 times.
Salvato, who was unarmed, died from his gunshot wound.
Now his family's wrongful death lawsuit and that video are taking center stage in a federal courtroom.
In 2012 a grand jury studied the video and said Salvato's death didn't justify criminal charges against the deputies.
In opening statements Monday, attorneys for Salvato's family said Salvato had no criminal history and had just left his grandmother's house when he was stopped by Miley.
Prosecutors described Salvato as a high school dropout who was kicked out of his father's home. The said the altercation between Salvato and the deputies was violent and said Salvato attacked the deputies.
The camera recorded video of Deputy Norman Brown's patrol car arrived to assist Deputy Lauren Miley, who had just detained Salvato after witnesses said he was stepping into traffic and yelling at cars.
In the video Salvato appeared to surrender to deputies before he suddenly began fighting and punching them.
The video shows Miley draw her weapon and fire once at Salvato.
Brown can then be seen using a stun gun on Salvato, not realizing he'd already been shot.
Both deputies kept their jobs.
Salvato's family filed the wrongful death suit against the Sheriff's Office alleging extreme and brutal force.
The first witnesses are expected to take the stand Tuesday morning.
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