The family of Daniel Rohrbough, a slain Columbine student, claims he was shot and killed by a Denver police officer and not a student gunman as originally suspected, according to The Toronto Sun.

A motion was filed in the U.S. federal court asking a judge to reconsider the dismissal of the lawsuit brought against the Jefferson County sheriff's office and school district. Brian Rohrbough, Daniel's father, has long believed his son was shot not by a student gunman because of the angle of the fatal wound.

Celine Marquez, school administrator, said that O'Shea told her two days after the high school shooting that he feared he shot an innocent student. Court papers said Marquez thanked O'Shea for his help at the school shooting. He began crying, saying that he thought he accidentally killed an innocent student. He said he was relieved when he found out none of the slain were victims of police bullets, according to ballistics tests.

Barry Arrington, the lawyer representing the Rohrboughs, say ballistics tests had not begun when O'Shea and Marquez spoke. "Someone told Sgt. O'Shea a grievous lie," said Arrington.