NEW YORK (CBSNew York) — The mother of a Guinean immigrant who was shot and killed by police in his apartment in 2012 is calling for authorities to reopen the case.

When Hawa Bah came from Guinea for her son’s birthday, she found Mohamed Bah upset and depressed in his Harlem home, refusing to seek treatment. She called 911.

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“It was her understanding that an ambulance would be responding, but instead the New York City Police Department responded,” Debra Cohen, the lawyer representing the Bah family in a civil lawsuit, told WCBS 880’s Marla Diamond.

A grand jury found the use of deadly force justified because Mohamed Bah, 28, had stabbed one of the officers with a 13-inch kitchen knife.

But Cohen said depositions in the civil suit tell a different story.

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“Officer Mateo was not being stabbed when he fired, and the other officers fired at Mr. Bah,” Cohen said. “In fact, Officer Mateo fell to the ground because a police sergeant standing behind him had fired his Taser.”

Bah was shot eight times, once in the head.

“Also disturbing is the knife the police allege Mr. Bah was wielding has now gone missing,” Cohen said.

Hawa Bah claims she begged police to allow her to speak to her son to coax him out but police wouldn’t let her.

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The family said shortly after the shooting that they wanted to know why officers entered the apartment even though Mohamed Bah was inside alone.