This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

MEMPHIS, Tenn. — “We all loved him. We all took care of him because he had diabetes,” said Sandy Soto, the sister of 29-year-old Luis Soto Rodriquez.

The family is full of pain and full of questions.

They told WREG Rodriquez was at home Sunday night with his 4-year-old daughter, when his ex-wife called and told him to bring the little girl to her at a gas station on Getwell Road.

“Why he was asked to go to the gas station to do the exchange. That never happens. She always comes after work to pick the little girl up here. He was already gone to sleep. She had her pajamas on too,” said Sandy Soto.

When Rodriquez showed up, his ex’s fiancée, now identified as an off duty Memphis Police Officer, was also there.

There was an altercation and Rodriquez was shot.

“The TBI was gonna get in contact with us. They took the video camera they had to see exactly what happened,” said Soto.

She said her brother did not know his ex’s fiancee.

TBI immediately took over the investigation, but they are saying very little.

“During the exchange, an altercation developed. The situation escalated and ultimately resulted in the off-duty officer firing at Soto, striking him. Soto died of his injuries,” said Josh Devine, a spokesperson for the Tennessee Bureau of Investigation.

The TBI will turn their findings over to District Attorney Amy Weirich, who will decide if and when information will be made public.

“We at the TBI are not able to make a determination on whether the officer’s actions were justified. That’s a decision that rests solely with the D.A.,” said Devine.

Memphis Police have not identified the officer, but said they may once their debriefing is over.

“We want to know the exact details of what happened and proof in detail that’s what happened, whatever they are gonna tell us,” said Soto.

Luis Soto Rodriquez’s family said he could very well have had a gun with him, but they are not sure.

The TBI said they did find a gun near his body.

They are not saying if the gun the officer fired, the one that killed Rodriquez, was the officer’s department issued weapon.