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Updated: Sunday, 16 Dec 2012, 4:00 PM MST
Published : Sunday, 16 Dec 2012, 4:00 PM MST
ALBUQUERQUE (KRQE) - The wife of a troubled Marine veteran, who killed himself after getting in a shootout with New Mexico State Police , is now suing the department.
In December 2010, State Police stopped Diego Gonzales' pickup near Santa Fe after reports he forced his pregnant wife and toddler into his truck at gunpoint.
Police say Gonzales shot at officers first, so an officer fired back.
The Santa Fe New Mexican reports the lawsuit claims Gonzales fired, but never pointed the gun at the officer.
Still the officer shot Gonzales in the back twice.
Gonzales then killed himself.
State police will not comment.
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