Teen's parents file civil suit against murder suspect

Michael Dunn accused of shooting into SUV, killing 17-year-old Jordan Davis

Published On: Jan 31 2013 04:50:51 PM EST   Updated On: Jan 31 2013 06:31:23 PM EST
JACKSONVILLE, Fla. -

The parents of Jordan Davis are awaiting justice for their son in the criminal court system. But on Thursday, they filed a civil lawsuit against Michael Dunn, who's accused of killing the 17-year-old.

Davis' parents spoke to Channel 4 on Wednesday to talk about a celebration they're planning next month on what would have been their son's 18th birthday.

"I cry and talk to him all the time, but the thing is, I'm assured and I know that he's with us every step of the way," said Lucy McBath, Jordan's mother. "I feel his presence, we both do, and that let's us know that we're doing the right thing."

"We don't want people to mourn anymore because now we have to take care of those who are still living," McBath added.

According to police, in November, Dunn (pictured, right) opened fire into a SUV full of teenagers at a Gate gas station in a dispute over loud music.

Davis was struck and killed. Dunn says he acted in self-defense.

But in the lawsuit, the family's attorney says "Dunn's actions were extreme and outrageous and should not be tolerated in any civilized society. Dunn could have settled the argument civilly or could have walked away from the dispute. However, Dunn's first and only response was to terrorize Jordan Davis and his three friends."

DOCUMENT: Ron Davis and Lucia McBath v. Michael Dunn

Dunn disagrees. He says he felt threatened after he saw a shotgun in the back of the SUV. And his attorneys have implied that Davis and his friends had time to get rid of the gun before police got to the scene.

"I fully expect the evidence to show that the SUV took off and left the scene and came back, that the SUV pulled right back into the same exact spot," defense attorney Cory Strolla said.

According to the lawsuit, that statement by Strolla is one of many defamatory claims being made by Dunn and his defense team, including claims of Davis and his friends having a gun belonging to a gang or destroying any physical evidence that proves Dunn's innocence.

Davis' parents say they want their son's reputation restored.

"The flood waters just came down and my tears were dripping on the Earth below him, and I just said, 'I hope you feel that, Jordan, because I am fighting for you,'" Jordan's father, Ron Davis, said.