A new wrongful death lawsuit filed in district court this week says Barber County Sheriff Lonnie Small is responsible for not using "reasonable" force or training his employees to do so in the case of Steven Myers.

Myers was shot with a beanbag round at close range by Barber County Undersheriff Virgil "Dusty" Brewer in the fall of 2017. The shot hit Myers in the chest and killed him. Barber County deputies had been looking for Myers after he was reported to be threatening people with a gun.

Once deputies found Myers, Myers' family attorneys say it had been around 40 minutes since the original report and Myers didn't have a gun. Body camera video proves he was unarmed.

Last week, a federal judge dismissed Sheriff Small from a federal wrongful death lawsuit because he wasn't the one who pulled the trigger. The judge decided Undersheriff Brewer couldn't be completely dismissed though because he had shot the less lethal gun.

Now, the Myers' family attorneys have filed a new wrongful death lawsuit in district court saying Small is still responsible.

The suit says Small and his employees have an obligation to use reasonable force, which the suit argues did not happen in this case. Body camera video released by the sheriff's office shows Sheriff Small with a K-9 while he's searching for Myers. The suit says if Small would have used the K-9 on Myers, it would have been a more reasonable amount of force, if any force was necessary at all.

It also says Small did not train his undersheriff well enough in the use of less lethal weapons which led the undersheriff to shoot at a close range, killing Myers.

It adds the sheriff should have known his undersheriff wasn't well-versed in the policies and procedures of the sheriff's office. That statement was discussed in court when Brewer said he did not know the policies and procedures inside and out.

The Myers family is asking for financial relief saying there have been general and non-economic damages. The family also says there are special damages, punitive and exemplary damages among other costs for a funeral and burial. As for the dollar amount, it's unspecified and would be up to a jury to decide if this case goes to trial.

FactFinder 12 reached out to the sheriff's attorney via email and phone Thursday morning but has not heard back.