WOODBURY - The Suffolk County District Attorney's Office reports that it has served subpoenas to two officers involved in the shooting of an unarmed cabbie to testify before a grand jury.

Despite the report published in Newsday, officer Anthony DiLeonardo's attorney insists that his client has not been subpoenaed in the case.

An internal affairs report found that officer Anthony DiLeonardo unlawfully shot Thomas Moroughan in Huntington Station back in February 2011 during a road rage incident.

The report also found that DiLeonardo and officer Edward Bienz, who was also subpoenaed, had been drinking and driving that night.

No criminal charges have been filed against DiLeonardo, and both officers are still on duty. The grand jury will consider charges ranging from assault to attempted murder.

While the Suffolk District Attorney's Office has asked that a special grand jury be empaneled for the case, Moroughan's attorney says his client will not testify.

Moroughan's attorney says his client just wants to continue to rebuild his life after the incident. He also says that Moroughan currently suffers from post traumatic stress disorder.