NEW YORK (CBSNewYork) — The family of an unarmed National Guardsman killed by police during a Queens traffic stop has settled with the city for millions.

As WCBS 880’s Alex Silverman reported Wednesday, Noel Polanco’s mother, Cecilia Reyes, was supposed to discuss the $2.5 million settlement Wednesday. But she had to be rushed to an area hospital with chest pains, leaving her attorney, Sanford Rubenstein, to do the talking.

“The family feels that the criminal side of our justice system failed them,” Rubenstein said.

Polanco was killed on Oct. 4, 2012, when he was shot by Detective Hassan Hamdy on the Grand Central Parkway near LaGuardia Airport. Police said Polanco had been pulled over for driving erratically and for cutting off an unmarked Emergency Services Unit vehicle.

Authorities said the 22-year-old Polanco initially resisted police efforts to pull him over.

Hamdy’s lawyer said he fired after he saw Polanco reaching under his seat with both hands. He said his client “felt threatened and was left with no other alternative other than the actions that he took.”

With the settlement Wednesday, Rubenstein said, “The only other action that could be taken is a disciplinary action by the NYPD to determine if this detective should stay on the force, so it’s not over yet.”

An NYPD spokesman did not respond right away when asked if such a disciplinary action will happen.

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