After Terrance Kellom was shot dead four years ago this month by a federal immigration agent in a Detroit home, police said their shooting was justified because the robbery suspect was threatening officers with a hammer.

But now a Detroit police officer at the scene of the 2015 shooting is recanting his initial claim, saying that Kellom never had a hammer. In a deposition in December, Detroit Police officer Darrell Fitzgerald said Kellom "was on his knees" at the time he was shot and did not have anything in or near his hands.

On Tuesday, the office of Michigan Attorney General Dana Nessel said it is open to looking at the incident, which sparked Detroit protests in 2015 and led to a federal civil rights lawsuit in 2017. The office of Wayne County Prosecutor Kym Worthy also said Tuesday that it is reviewing the new information.

"He didn't have a hammer; he had no deadly weapons," Detroit attorney Nabih Ayad, who filed the lawsuit on behalf of the Kellom family, told the Free Press on Tuesday. "There was no basis to shoot and kill him."

Ayad's lawsuit was filed against the ICE agent who shot Kellom and two Detroit Police officers, including Fitzgerald, the one who said in a deposition that Kellom didn't have a hammer as initially alleged.

Ayad said that Officer Fitzgerald "under oath, he changed his story completely, totally changed his story 180 degrees from what he had said at the time of the incident."

The ICE agent who shot Kellom, Mitchell Quinn, was part of a multi-jurisdictional fugitive task force known as the Detroit Fugitive Apprehension Team (DFAT) that drew criticism from some civil rights advocates for using federal law enforcement officials to target local crime. Detroit Police James Craig has defended DFAT as helpful in targeting violent felons.

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Khaalid Walls, a Detroit-based spokesman for U.S. Immigration and Customs Enforcement (ICE), declined comment because the case is in litigation.

On March 6, the parents of Kellom, Kevin Kellom and Nelda Kellom, sent a detailed letter to Worthy and Nessel, asking them to reopen the investigation. Worthy had decided in August 2015 not to prosecute the ICE agent, saying he acted in lawful self-defense.

The letter by Kellom's parents noted the deposition of Officer Fitzgerald and offered other evidence it said showed Kellom was not a threat. Ayad said that ballistics evidence "completely contradicts" the account given by police in 2015.

On March 25, Joe Jansen, Deputy Chief of the Special Operations Division in Wayne County Prosecutor Kym Worthy's office, wrote to Kellom's parents, expressing "my deepest sympathy" and said "we are reviewing this new information to determine if it would in any way affect our previous review and decision" in 2015 to decline bringing charges against the ICE agent.

On Tuesday, a spokesperson for Worthy, Assistant Prosecutor Maria Miller, told the Free Press: "The Wayne County Prosecutor’s Office is reviewing new information presented in the Terrance Kellom Case to determine if it would in any way affect our previous review and decision regarding the circumstances of Mr. Kellom’s death."

Last week on April 10, Laura Moody, the chief of staff for Attorney General Dana Nessel, responded to the letter from Kellom's parents, writing: "While I cannot promise a particular outcome, I can promise that this case will be reviewed."

Moody said "let me extend my sympathy to you and your family on the death of your son. And let me assure you that the Attorney General cares deeply about these issues and is committed to ensuring that justice is done."

Kelly Rossman-McKinney, spokeswoman for Nessel, said Tuesday in a statement to the Free Press: “We are committed to making certain that residents of our state have confidence in our justice system. As with any case involving allegations of police misconduct, we are more than willing to sit down with the attorneys for Mr. Kellom’s family and with the Wayne County Prosecutor’s Office.”

Ayad also raised concerns about the Michigan State Police investigation into the 2015 shooting, saying that the lead investigator may have been biased because he was tied to the Detroit Police Department.

"It's a deep cover-up ... the most botched investigation you can think of," Ayad said.

A spokesman for Michigan State Police, First Lt. Michael Shaw, said in a statement to the Free Press: "We are aware of Mr. Ayad’s allegations as well as the Attorney General’s Office review. It would be inappropriate for us to comment further until that review is completed."

Ayad offered excerpts from his December deposition of Officer Fitzgerald:

Fitzgerald said Kellom "was on his knees when I saw him."

Ayad then asked Fitzgerald: "Did you see him holding anything?"

Fitzgerald: "No, I did not."

Ayad: "Now after you seen him fall forward to the ground did you see anything in his hands then?"

Fitzgerald: "No, I didn't."

Ayad: "Did you see any hammer that evening at the house?"

Fitzgerald: "No."

Ayad said he is hoping that the reviews by the county and state will result in the reopening of the case.

The lawsuit was assigned to U.S. District Judge Sean Cox.

Contact Niraj Warikoo: nwarikoo@freepress.com, 313-223-4792 or Twitter @nwarikoo