Misty Holt-Singh's family blames police for shooting her

• Misty Holt-Singh, 41, was shot at least 10 times during a shootout
• The family's lawyer claims the officers acted negligently and broke protocol
• Holt-Singh was at a Stockton bank to withdraw $40 from an ATM when a robber pulled her into the bank before taking her on the high-speed chase

By Pete D'amato For Daily Mail Online

Published: 18:44 EST, 4 February 2015 | Updated: 05:32 EST, 5 February 2015

The family of a hostage shot during a shootout in Stockton between bank robbers and police blamed officers for the death on Wednesday in a claim asking the city to bear responsibility.

Misty Holt-Singh, 41, was shot 10 times at the end of a high-speed chase as police fired more than 600 rounds at three robbers using her and two other hostages as human shields after a bank heist.

Gregory Bentley, a lawyer for the family, argued that by exchanging gunfire during a chase through Stockton, officers acted irresponsibly and broke with protocol.

Claim: The family of Misty Holt-Singh, 41, filed a claim Wednesday that officers acted negligently and broke protocol, which may have resulted in her death during a shootout between bank robbers and police

'The police department's primary duty is to protect the hostage,' Bentley said. 'Shooting while Misty was in the vehicle violates every standard practice of police protocol.'

The family's claim against the city alleges that the gunmen used Holt-Singh as a human shield during the shootout, during which two other hostages were wounded and two gunmen were shot and killed.

Stockton City Attorney John Luebberke said that a pending internal investigation is already underway and that the city would wait for it to reach a conclusion.

Luebberke said 'officers faced suspects who were intent on violence, firing hundreds of rounds from an automatic weapon and showing every potential for taking their rampage to any number of locations, including schools or private homes.'

Holt-Singh was survived by a husband and two children, and the family is expected to file a lawsuit if the city denies the claim for unspecified damages.

Holt-Singh visited the bank to withdraw $40 from the ATM as her daughter waited for her in the car outside.

Family: Holt-Singh's two children and husband are asking the city for unspecified damages after police fired 600 bullets into a car where the hostages were being used as human shields, according to the family

Pending: The family is expected to file a lawsuit if the city denies their claim, though the city says an internal investigation is still being conducted

Victim: Holt-Singh had stopped to pick up $40 at the Stockton bank when one of the robbers pulled her into the bank and later used her as a human shield during the resulting shootout, the family claims

On his way in, one of the robbers forced Holt-Singh into the bank before she ended up in the car in the chase from police, Bentley said.

Stockton police spokesman Joe Silva referred calls to the city manager's office. Connie Cochran, a spokeswoman for the city manager, didn't immediately return a call and email inquiry from the Associated Press.

A surviving hostage, Kelly Huber, who says she was struck by bullets to each leg, causing broken bones and disability, distress and disfigurement, filed a $500,000 claim with the city in January.

The city has filed for bankruptcy, but Bentley said that shouldn't prevent the city from paying in the wake of Holt-Singh's death, as the city is insured up to $39million in damages.