ATLANTA — The family of a man shot and killed by an off-duty Atlanta police officer is speaking out at an Atlanta City Council meeting on Monday.

They want the officer’s badge taken away and homicide charges filed against him.

Devon Anderson, 38, was shot and killed by Officer Melvin Potter in the parking lot of a shopping plaza on Old National Highway in August.

The Georgia Bureau of Investigation said the off-duty officer got into an argument with a group of people while escorting a South Fulton officer to her car at a birthday party.

A witness told Channel 2 Action News that Anderson was trying to de-escalate the argument when Potter shot him.

Potter was arrested and booked only on a misdemeanor obstruction charge after refusing to provide police with a sample for a blood alcohol test.

Channel 2 Action News received the following statement about Potter’s job status.

”Potter was relieved from duty upon our learning of the incident. Relieved of Duty basically means an officer is not to report to their assignment and the employee’s department issued firearms, identification and badges are secured by the department. The employee is to make themselves available during business hours if called upon, specifically by our Office of Professional Standards.”