Chance David Baker Credit: Contributed | CBS 13

The mother and grandmother of a Portland man who was killed by police two years ago have sued the officer who shot him and the owner of the pawn shop where Chance David Baker bought a BB gun shortly before he died.

Baker, 22, was shot by Sgt. Nicholas Goodman on the sidewalk outside a Subway sandwich shop on St. John Street in Portland while holding an air rifle pellet gun Feb. 18, 2017. Baker was living on the streets of Portland after being fired from his part-time jobs and being forced to leave his home. He came to Maine from Iowa as a teenager in 2012.

The Maine attorney general’s office, charged with investigating the use of deadly force by police, found in March 2018 that Goodman was justified in using deadly force because he reasonably believed that Baker posed a deadly threat.

Shantel L. Baker, 46, and Terry R. Baker, 67, both of Glenwood, Iowa, sued Goodman and the owner of Coastal Trading and Pawn in February in Cumberland County Superior Court in Portland. The case was moved Monday to U.S. District Court by Goodman’s attorney.

The Bakers’ attorney, Hunter Tzovarras of Bangor, alleged in the wrongful death complaint that Goodman violated Chance Baker’s constitutional rights by using excessive force and caused him conscious pain and suffering before he died at Maine Medical Center.

The complaint also alleges that the pawn shop was negligent in selling Baker the BB gun because he was visibly intoxicated and in the midst of a mental health crisis when he went into the shop. His blood alcohol level at the time of his death was .241 percent — more than three times the legal limit of .08 to drive, according to the Portland Press Herald.

Attorney Nancy Kelly of Boston, who represents the pawn shop, declined to comment on the lawsuit. The Portland attorney representing Goodman did not immediately return a request for comment Wednesday.

The series of events that led to the fatal shooting began around 11 a.m. when Baker went into the pawn shop and came out a few minutes later with the BB gun, the complaint said.

About 10 minutes later, police began receiving 911 calls reporting that a man was walking through the parking lot of Union Station Plaza, near the Subway, screaming and pointing a gun at cars. At least one report said the man had a BB gun.

Goodman arrived at 11:17 a.m. armed with a .223 Remington caliber police carbine with a scope, according to the complaint. He set up about 105 feet from Baker and fired the fatal shot about three minutes later.

“Sergeant Goodman is told, and/or could see, Chance having trouble walking, and keeping his balance, and is swaying and unsteady on his feet,” Tzovarras said in the complaint.

The attorney also said that it should have been apparent to Goodman “viewing Chance through the magnifying scope that Chance is armed with a non-lethal BB gun.”

The women are seeking unspecified compensatory and punitive damages. A trial date has not been sent.