The family of Peter Cukor, who was killed by a trespasser in February 2012, filed a wrongful death claim Wednesday against the City of Berkeley, according to an article in the Contra Costa Times.
Daniel Jordan DeWitt, 23, an Oakland resident who grew up in Alameda and attended local schools, was charged with Cukor's murder. Court-appointed doctors have deemed him mentally incompetent to stand trial, and he is presently confined in a state psychiatric facility.
According to the Times article, the Cukor family's claim cites a phone call that the murdered man made to the Berkeley Police Department shortly before his death, asking for police help in dealing with an intruder.
The Cukor family is expected to file a lawsuit if the city rejects their claim.