ATLANTA — It has been more than two years since Mya and Quinten Cullins last saw their son Nygil.

The 22-year-old was shot and killed at a Buckhead Fogo De Chao on May 18, 2022.

“That’s a bad day, that day will never go away...5/18 will never go away,” Quinten said.

Nygil’s parents knew he needed mental health help that day.

His mother says they arranged for him to go to a mental health facility when they called for help transporting him. However, help didn’t arrive until hours later, after Nygil had left the home.

“The system failed my son,” Quinten said.

The family is now suing the city and restaurant for what happened next.

Nygil went to the Fogo De Chao in Buckhead, where he used to work. The lawsuit alleges staff called 9-1-1, and security lied about Nygil being a threat.

“When the officer came, he put his hands up and immediately went to the ground,” Cullins said.

Police have not released the body camera footage publicly, but the family and NAACP say they were allowed to see the footage.

The family and lawsuit say that police tased Nygil without “warning or justification.”

The lawsuit claims Nygil tried to run away when the restaurant’s security guard tried to tackle him. The security guard was shot in the struggle.

The lawsuit alleges police then shot Nygil, even after he was “helpless, immobilized, and unconscious.”

Witness video showed the aftermath, but the family wants the body camera footage released publicly.

“We can’t get closure when they aren’t being transparent,” Mya said.

The family says they hope this lawsuit leads to transparency, clears their son’s name, and leads to change in a system they believe failed their son.

“So there won’t be any closure. You can’t, until we get justice, until we get transparency, until we see policies change,” Quinten said

Atlanta Police and Fogo De Chao said in separate statements that they are aware of the lawsuit, but would not comment on pending litigation.