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CHICAGO -- Family members say a man who was shot and killed by an off-duty Chicago cop during a confrontation Monday morning was his neighbor and had called police after the officer had pointed his gun at him in the past.

According to police, around 9 a.m. Monday an off-duty Chicago transit officer got into an altercation with 38-year-old Jose Nieves in the Kelvyn Park neighborhood, and shot and killed him. Family members say Nieves was unarmed at the time.

Jose Nieves’ sister, Angelica Nieves, says he had called 911 on the police officer, who lived downstairs from him, several times. She said police officers had been to the two-flat before, but so far no action was taken.

"911 calls had been made before about that gentlemen pulling out his gun at my brother," Angelica Nieves said. She said he had called police as recently as a few days ago.

This morning, Jose Nieves was moving furniture into his apartment when his sister says the 57-year-old officer started harassing his girlfriend. When Nieves had words with him, his girlfriend says the off-duty transit officer shot Nieves three times, in the leg, the stomach and the back.

"All I know is I’m very hurt now and I think that officer acted above the law," said Angel Nieves, Jose Nieves' father.

Police and the family say there had been another disagreement a few days ago. What happened next is still being investigated by Chicago police, although family members tell WGN the officer just shot Nieves, who did not have a gun.

"It was not justified. It wasn’t justified. It was not," said Angel Nieves.

The shooting happened right outside Kelvyn Park High School, which was closed because of the holiday.

Jose Nieves was taken to Illinois Masonic Hospital where he died. The officer was also taken to the hospital but police aren’t saying what his injuries are.

Chicago Police Superintendent Eddie Johnson isn’t saying much about the shooting yet but he’s also not quick to defend his officer, saying he still has a lot of questions. CPD is doing a parallel investigation with the Independent Police Review Authority.

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