A suicidal man shot by Tampa police earlier this year is now suing the city, along with the officer who shot him.

Minutes before Jason Turk was shot by Ofc. Tim Bergman, the 37-year-old man called his wife Amanda, saying he was threating to commit suicide.

Amanda Turk called 911, telling the operator, "He has expressed to me in the past that he doesn't necessarily have the nerve to kill himself, but he knows if cops come and he won't put the gun down they will shoot him."

Officials said officers responded to Turk's home in the 900 block of Peninsular Street, officers spotted him sitting in his BMW in the driveway.

When at least one officer approached the car, Officer Bergman, police say Turk brandished a gun.

The officer open fired, shooting Turk twice, once in the head. He was taken to St. Joseph's Hospital and has since recovered.

Now, according to Bay News 9's partner newspaper the Tampa Bay Times, Turk's lawsuit accuses officers of shooting him without ever seeing a gun.

The lawsuit filed by Turk, a Navy veteran and real estate broker, says in addition to officers never seeing a gun, Ofc. Bergman used excessive force and was not properly trained in crisis intervention.

Turk says he never pulled a gun on officers and alleges he heard officers questioning whether they ever saw a gun - after they shot him.

"Skilled intervention, not force, was the order of the day for a successful, constitutional conclusion," Turk's attorney Michael Maddux wrote in the lawsuit.

Tampa Police are barred by state law from commenting on any pending lawsuits, but the shooting was ruled justified by the Hillsborough County State Attorney.

The final disposition of the officer involved shooting says Officer Bergman ordered Turk to drop his gun numerous times, and that Turk yelled out a car window, "What will you do if I don't?"

According to the Times, Turk had twice been committed under the state's Baker Act two months before the shooting and suffered from severe depression.

Turk was never charged with any crime in the incident.