A Selden family who has been seeking justice for 13 years for their loved one who was fatally shot by a Suffolk County police officer are getting a new trial.

Chris Callahan says his brother Kevin Callahan was killed in September 2011 by Suffolk County Police Officer Thomas Wilson inside their home. He says he called 911 after his brother told him over the phone that there was a man with a gun inside the house.

"A good brother, good son and it would have been nice to see him grow up to be an uncle to my kids," Chris Callahan says.

Police say when Wilson arrived, Kevin Callahan, who had a history of drug abuse, pinned the officer in a doorwell. Officer Wilson says he fired because he believed Kevin Callahan was attempting to steal his gun.

The case went to trial in 2015 and the jury sided with the officer. However, following multiple appeals, the Callahans are getting a new trial.

News 12 reached out to Suffolk County for a response and were told that the county cannot comment on pending litigation.

There is no timeline for the trial to begin.