Three years after DeFarra “Dean” Gaymon, the former president/CEO of Credit Unionof Atlanta, was killed during a sting operation in Newark, N.J.,his family continues to seek justice.

According to several media reports, the latest update regardinga lawsuit filed by Gaymon's family suggested that the sheriffdeputy who shot Gaymonmay have had him in a position that did not justify killing thecredit union executive.

In town for a high school reunion, Gaymon was shot and killed byan undercover sheriff's detective on July 16, 2010 in what theEssex County Prosecutor's Office said was during a patrol of BranchBrook Park in Newark after receiving complaints of public sexualactivity.

Edward Esposito, an undercover Essex County sheriff's detectiveat the time, said in his statement of what transpired that Gaymonwas engaged in a sex act when he pulled out his badge, identifiedhimself as a police officer and informed Gaymon he was underarrest. The detective said Gaymon appeared to panic, assaulted theofficer and ran.

Gaymon ignored Esposito's commands to stop, did not raise hisarms or make his hands visible and repeatedly threatened to killthe officer, according to the detective's statement. Esposito saidGaymon then lunged at and attempted to disarm the officer whilereaching into his own pocket.

The officer said he feared for his life and discharged hisservice weapon, striking Gaymon once. Esposito said he called forhelp and rendered first aid to Gaymon, who was rushed to UniversityHospital in Newark and pronounced dead at 9 p.m. July 16 of asingle gunshot wound to the abdomen.

The Gaymon family filed a civil suit against Esposito, two seniorofficers and the Essex County sheriff's office questioning theshooting's investigation. A grand jury in Essex County, N.J., later declined to bringcriminal charges against Esposito.

The sheriff's office said no witnesses ever came forward and a spokeswoman for theprosecutor's would not provide information on what evidence wasactually presented to the grand jury.

Meanwhile, in an amended complaint filed on Feb. 15, ChristopherKinum, the attorney representing Gaymon's family claimed whenGaymon was approached by Esposito, he got down on his knees, theGay City News recently reported. Because there was apond in front of him, Gaymon had no way to flee and he was alsoapproached from behind by Esposito, according to the publication,which also reported that Esposito kicked Gaymon several times.

“At the time he was shot, DeFarra was unarmed and helpless, andin no way posed a threat to Defendant Officer Esposito's safety orto the safety of any other persons,” wrote Kinum, who wrote in aseparate brief that he was relying on “Officer Esposito's writtenstatement made three days after the shooting,” the Gay CityNews reported.

According to the publication, in 2009, Esposito was allegedlyinvolved in three public sex arrests that resulted in violence.

A comment was not immediately available from Kinum or the EssexCounty prosecutor.

In 2011, the New York Times reported Charles Sciarra,the attorney for Esposito, said Esposito voluntarily testifiedbefore the grand jury telling the publication that the use of forcewas an absolute last resort and justified in all aspects.

Gaymon had served as president/CEO of the $82 million CU of Atlanta since 2006. During his tenure, the credit uniongrew to $56 million in assets, more than 15,000 members and arebranding campaign was launched across the Atlanta area.

Prior to that, he served as vice president of operations at the$550 million South Carolina State Credit Union in Columbia. Hestarted his credit union career at the $61 million Palmetto HealthCredit Union, also in Columbia.

Married with four children, Gaymon was 48 years old at the timeof his death.