JERSEY CITY – The attorney representing two men who were fired on by Jersey City police on Monday is now vowing to sue the city and the individual officers involved.

Thomas Ashley represents Davonte Moore, 21, and Shyquan Rush, 19, who were allegedly playing with Roman candles at a public housing complex on Randolph Avenue when officers arrived on the scene around 10:15 p.m. Ashley said that one of the victims was shot three times in the back and the other was shot once in the back by three police officers.

Both individuals were treated at Jersey City Medical Center and both survived their injuries.

The incident is now in the hands of the Hudson County Prosecutor’s Office. But Ashley said he is “baffled” at the city’s response, or lack thereof, and that it is clear the victims were “unarmed” and were playing with fireworks leading up to the July 4th holiday.

Ashley said he believes the officers involved should be suspended pending a disciplinary hearing “in this clear case of official misconduct and police brutality.”

“This shooting clearly constituted excessive force without any legitimate justification, reason or purpose,” Ashley said in a statement. “The fact that my clients were shot from behind while unarmed is especially troubling. There is no plausible way the police could possibly have considered themselves in danger of an assault by the victims of their shooting who were not even facing them.”

Ashley said his clients will cooperate fully with the investigation launched by the prosecutor’s office. He said he expects Mayor Steve Fulop to “publicly address” and “denounce these unprovoked, senseless acts of violence” that occurred Monday night.

But on Thursday, Fulop preached patience.

“You need to be respectful to the process… and the law needs to be followed,” he said. “The most important part is to make sure the facts are followed.”

He confirmed that the investigation is in the hands of the Hudson County Prosecutor’s Office.