OKLAHOMA CITY (KFOR) – The family of an Oklahoma County deputy who was killed in the line of duty last summer has filed a wrongful death lawsuit against the alleged shooter.

It all started when Oklahoma County deputies arrived at a home in southwest Oklahoma City on Aug. 22 to serve an eviction.

Shortly after they arrived on scene, gunshots rang out.

Investigators say the alleged suspect, Benjamin Plank, opened fire and shot Sgt. Bobby Swartz and Deputy Mark Johns.

When the shooting began, Johns said that he jumped on top of Swartz in an attempt to save his life. That’s when Johns was shot multiple times.

Sadly, Swartz died from his injuries.

The alleged suspect, Benjamin Plank, continued to shoot at officers and led them on a chase that ended at Tinker Air Force Base.

Suspect in deputy-involved shooting, 35-year-old Benjamin Plank. Photo courtesy of Oklahoma County Jail.

“I can tell you with 100% confidence, he was planning on killing any law enforcement that came to his house, it wouldn’t have mattered what uniform you wore that day, if you’re law enforcement. That was his plan. We searched the vehicle, when the pursuit was over, there was a bag found inside the boat, and in that bag there were multiple firearms and lots of ammunition, he was definitely ready for a confrontation,” explained Oklahoma City Police Chief Wade Gourley.

Swartz’s son, Austin, declined to go on camera, but said his dad was “an amazing man, father, grandfather (my kids called him papa policeman), son, and brother.”

Photos of Sgt. Bobby Swartz with family. Photo courtesy of the Swartz family.

Austin went on to say Sgt. Swartz was a 25-year veteran of OKCSO and served in the U.S. Army before that.

“He meant the world to myself, my kids, my wife, and our entire family,” Austin said. “I’m not sure what the world will look like without him, but I do know it’s just not going to be the same. We lost an amazing person.”

Now, Swartz’s family has filed a wrongful death lawsuit against Benjamin Plank.

In the lawsuit, Swartz’s family is asking a judge for more than $75,000 related to Swartz’s death.