The family of a man shot by Freeport police officers claims he was unarmed and cops didn?t have to open fire.

Police said two Freeport officers were responding to a report that a man had a gun on Leonard Avenue Saturday. Police said Frantz Byer pointed the gun at the two officers, which prompted them to open fire.

Byer?s family and attorney said at a news conference Friday that the 21-year-old never had a gun. According to Fred Brewington, the family attorney, Byer was holding a bottle, not a weapon.

Most of the five bullets that hit Byer entered from his back. Doctors were unable to take out two of the bullets, and had to remove one of Byer's kidneys. He is listed in stable condition at Nassau University Medical Center's intensive care unit.

Police sources tell News 12 Long Island that Byer, also known as "40-Cal," is associated with the Bloods gang.

Meanwhile, Nassau County District Attorney Kathleen Rice said, "The district attorney's office will conduct a thorough, independent review of the incident."

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