HUNTINGTON - A civil rights attorney says that the U.S. Justice Department should step in to investigate the events that led to the firing of a Nassau police officer earlier this week.

As News 12 Long Island has reported, former Nassau Police Officer Anothny DiLeonardo shot cab driver Thomas Moroughan in 2011. An internal affairs probe found the shooting was unjustified, but the Suffolk County District Attorney's Office has said no charges have been brought against DiLeonardo.

Charges have not been filed because a federal judge blocked the Suffolk DA’s request for the internal affairs report. Moroughan has also refused to testify before a grand jury.

Civil rights attorney Fred Brewington believes prosecutors could have brought charges anyway.

“The discharge of the firearm itself raises questions as to criminal activity,” Brewington told News 12.

An attorney for DiLeonardo maintains his client fired the shots to protect himself as Moroughan drove at him.

Moroughan has filed a civil lawsuit against Nassau County over the incident.