CHARLOTTE, N.C. -- The family of a man shot and killed by a Charlotte-Mecklenburg police officer is talking publicly.

• Danquirs Franklin's family says the officer's commands were confusing
• The district attorney decided to not pursue charges against the officer who killed Franklin
• The family has not decided if they will pursue civil action in this case

This comes one week after the district attorney announced he will not seek charges against the officer who killed Danquirs Franklin.

Luke Largess, the attorney representing the family, says the district attorney did not fully uncover the personal betrayal Franklin suffered. Largess says the mother of Franklin's children was having an affair with a co-worker and that drove Franklin to confront them at the Burger King on Beatties Ford Road on March 25.

He also says the commands police gave Franklin were confusing and lead to his death.

"Instead of telling him to raise his hands, which would have shown that he did not have the gun in his hands, they told him repeatedly only drop the weapon, drop the weapon. And when he moved slowly to do so, taking the gun in his fingertip and thumb, and pulling it out of his pocket, within a tenth of a second of the gun being visible, he was shot and killed."

The family has not decided if they will pursue civil action in this case. We contacted the district attorney's office and they released a statement:

We understand why a family who has lost a loved one would be disappointed with this decision. At this time, we will let the report speak for itself.