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The son and daughter of a Waco woman who was shot and killed in September have filed a wrongful death lawsuit against their stepfather, who is charged with murder in the woman’s death.

Mitchell Davidson and Mallory Davidson, the adult children of Rebecca Penix, are seeking more than $1 million in their lawsuit against Michael Penix, who remains in the McLennan County Jail charged with shooting his wife four times in the head at their home on Gunnison Drive.

Dallas attorney Jeff Kershaw filed an amended petition in 414th State District Court last week because he said the family has concerns that Michael Penix is using “community assets” to fund his legal defense.

“We do not believe that is appropriate,” Kershaw said.

The lawsuit alleges that because of Penix’s actions, the children have suffered damages, including loss of love, affection, companionship and emotional support from their mother.

2015 shooting