Mark NeJame, a high-profile attorney, said the family intends to sue for maximum damages for the wrongful shooting and death by deputies.
Scott, 26, was shot after opening the door armed with a gun on July 15. Deputies said he pointed the gun at them and they opened fire.
"They were hiding on the side when they opened fire on him," NeJame said. "There was no opportunity for him to identify who he was or to ascertain who they were."
At least five bullet holes were found in the front door.
NeJame said the angle of the bullet holes show that deputies were not standing in a way to properly announce who they are.
He said the Lake County Sheriff's Office has been going back and forth on their story of what actually happened. Did deputies announce themselves or did they just open fire once Scott came to the door?
"It shows that when they saw the gun, they just immediately started shooting. Remember, he never got a shot off. So, if he was planning on just shooting away, he would have shot first. He would have opened the door and shot," NeJame said.
Instead, NeJame said up to eight bullets may have been fired altogether at the wrong suspect and in the wrong apartment.
The bullets pierced through the living room and into the bedroom closet, while Scott's fiancée watched.
"They overreacted all those many times," NeJame said. "One shot is horrendous, but they overreacted five to eight times."
NeJame said the deputies clearly broke the law and cited a Supreme Court case that knock and announce requirement is a well-established principle.
The sheriff's office said the Florida Department of Law Enforcement is handling the case now, and they do not comment on open or pending litigation. However, they said their thoughts and prayers are with Scott's family, as well as the deputies involved.
