NEW YORK (CBSNewYork) — The widow of a driver killed by an off-duty NYPD officer in a road rage incident last July filed a wrongful death lawsuit Wednesday.

As WCBS 880’s Myles Miller reported, Delrawn Small’s widow, Winona, wept as she spoke about the wrongful death lawsuit she filed in state Supreme Court.

“Every day is hard to live without him,” Small said.

The lawsuit came a year and a day after Small, 37, was gunned down during a road-rage confrontation with an off-duty police officer in East New York, Brooklyn on July 4, 2016.

“What’s really important to Winona is getting justice for the wrongful death of her husband; holding this police officer criminally accountable for killing Delrawn Small,” said attorney Sanford Rubenstein.

Officer Wayne Isaacs has been charged criminally in Small’s death.

Family members said Small was with his girlfriend and children celebrating the Fourth of July holiday when they stopped at a friend’s barbershop on Atlantic Avenue in East New York.

Police said at some point Small and Isaacs, who was off duty and driving his personal vehicle, were involved in a traffic dispute. When both cars stopped at a red light, Isaacs and claimed Small got out of his vehicle and punched him in the head through an open window.

That was when police said Isaacs pulled out his service weapon and shot three times, killing Small.

But while Isaacs said Small punched him first, Small’s family does not believe it.

Surveillance video at the center of the argument for both the defense and prosecution shows the deadly confrontation, with Small appearing to stumble and collapse the moment he walks up to the of-duty officer’s car.

The criminal case was adjourned until September. That is when hearings will continue and more witnesses will be called to the stand before the trial begins.

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