Former Military Police Officer To Sue Suffolk Police For Alleged Officer Discharge

NEW YORK (CBSNewYork) -- A Long Island former military police officer claims a police officer from Suffolk County shot at his car during a traffic stop eleven months ago.

Al Kirby is planning on suing the department for $5 million as a result of the incident near his home in Yaphank.

He tells WCBS 880's Sophia Hall he wakes up at night screaming the words "no, no." The former Marine and military police officer admitted that he drank three beers, had two shots, and took his prescribed medication the night he was driving his Cadillac Escalade.

He claims that when a police officer pulled him over he rolled down his window, shut off his engine, and put his hands on the steering wheel. Without any words or warning, he says, the officer shot at his car.

"I immediately put my hands out the window," he said. "I yelled three times, 'You don't have to do this!'"

He was then allegedly told by the officer to get on his knees.

"In the back of my head praying, 'Please God, don't let this be it.'"

WCBS 880 reported that he later pleaded to DWI.

Kirby's attorney -- Fred Brewington -- said this is a case of an African American man being targeted by a white police officer.

The Suffolk County Police Department does not comment on pending litigation.

© 2016 CBS Local Digital Media