The family of a knife-wielding man who was killed by Denver police during his youngest daughter's First Communion party in Montbello last year is asking the city for $5.9 million.

Police contend that Odiceo Valencia, a 45-year-old Mexican immigrant, posed a threat when he lunged toward an officer, and an investigation by the District Attorney's Office concluded that Valencia committed "suicide by cop."

But Valencia's family argues that Valencia, who had cocaine, amphetamine and alcohol in his system when he was shot, wasn't armed with the knife when officers opened fire.

"Our investigation at this point appears to show that he was falling backwards, and that, in fact, he was shot when he was on the ground," Anthony Viorst, an attorney representing Valencia's widow and three children, said Monday.

Police responded to a home in the 5500 block of Dillon Street on May 17 after Valencia, who was estranged from his wife and had moved out of the family home, showed up and cut his wrist with a butcher knife "when an uninvited guest came to the party," according to the family's claim, considered a precursor to a lawsuit.

When Valencia confronted the officers, he was still holding the knife and - because of a language barrier and his intoxication - was unable to understand officers' commands to drop the knife, the claim states.

"The police then fired a Taser weapon at Mr. Valencia, which caused him to immediately drop the knife. Although Mr. Valencia was now disarmed, several seconds later the police followed up their Taser shot with multiple gunshots, several of which were lethal."

It's unclear whether Valencia was in the country illegally, but Viorst said his legal status doesn't affect the claim.

"Big picture is: Regardless of whether someone is illegal, regardless of whether someone has drugs in their system, the police don't have the right to shoot that person in cold blood," he said.