Deputies responding to a disturbance call at a Florida apartment complex burst into the wrong unit and fatally shot a Black U.S. Air Force airman who was home alone when they saw he was armed with a gun, an attorney for the man’s family said Wednesday.

Senior Airman Roger Fortson, 23, who was based at the Special Operations Wing at Hurlburt Field, was in his off-base apartment in Fort Walton Beach when the shooting happened on May 3.

Civil rights attorney Ben Crump said in a statement that Fortson was on a Facetime call with a woman at the time of the encounter.