PHOENIX -- Lawyers for a Phoenix man accidentally shot by police have filed a notice of claim, asking the city and its police department to settle the case for $5.75 million.
In September 2008, a man broke into Tony Arambula's house.
Arambula, a registered gun owner, managed to get his weapon and hold the intruder at gunpoint. He wanted to protect his wife and two boys.
Both he and his wife called 911 telling dispatchers what happened. But when officers arrived at their home, they shot him in the back, Arambula said.
"I tell them they shot the wrong guy, and the bad guy is still back there," said Arambula.
Arambula says he took six bullets in all. Phoenix police saaid Officer Brian Lilly fired the shots.
"If you can imagine being shot, it's a whole lot worse than you think. It literally feels like they're pulling a sledge hammer through your body," said Arambula. "I was pretty sure I was going to die."
The family is now alleging a police cover-up. Their attorneys released a transcript of the 911 call. They claim officers, moments after the shooting, said, "We (expletive) up."
They also claim a sergeant on scene said, "Don't worry about it. I got your back. We clear?"
"The city doesn't want to own up to fault. They keep covering it up and covering it up," said Lesley Arambula, Tony's wife.
CBS 5 News contacted Phoenix police several times for their side of the story. A spokesperson declined an interview, saying, "The home owner was mistaken for the armed suspect and shot. Due to fact that this is a pending litigation, no comments will be provided."
Police said previously that the intruder, Angel Canales, was arrested and charged with aggravated assault and weapons charges.
The city has 60 days to respond to the notice of claim.