The family of a man shot to death by a sheriff’s deputy has filed a wrongful death claim against Napa County and the sheriff’s department.

The family of Samuel Paul Rodriguez — father Peter Rodriguez, sister Judy Carmine and brothers Peter and Tom Rodriguez — filed the claim last week.

Sam Rodriguez, 41, was killed on Dec. 19, 2005, by sheriff’s deputy Jerry Bohlander at a Yountville mobile home park. Bohlander pulled his gun and fired one round, hitting Rodriguez in the chest, after Rodriguez failed to comply with orders to drop the knife he was holding and hit the ground, according to the reports.

Bohlander was put on paid administrative leave. After an internal investigation by the sheriff’s department and a criminal investigation by the county’s major crime task force, it was determined the shooting was a justifiable homicide, Napa County Sheriff’s Capt. John Robertson said earlier.

Before a lawsuit can be filed against the county, the family members must first file an administrative claim with the county. The claim is given to county risk manager Kerry Whitney, who may reject the claim, which would likely propel it to court. He has 45 days to make a decision.

“I can make certain approvals, but the some must go before the board,” Whitney said. “So far, this claim has not been rejected.”

He said few wrongful death claims are filed with the county. “They are very few and far between. I can’t remember the last one that was filed.”

The claim alleges Bohlander killed Rodriguez without cause or provocation, and he was not properly trained by the sheriff’s department.

“Without taking enough time to properly evaluate the situation and to adequately consider the nature of Sam’s cries for help, officer Bohlander targeted Sam as a suspect, drew his weapon and within seconds shot and killed him,” the claim alleges.

The claim also states Rodriguez “had not committed any crime and did not present an immediate threat of harm to Bohlander or anyone else.”

The family is asking for damages, saying they have suffered physically, mentally, emotionally and financially, the claim said. They are also asking to be compensated for funeral and burial expenses.

The sheriff’s department declined to comment on the claim. “We have no comment because the matter is in litigation,” Undersheriff Mike Loughran said.

The family said Rodriguez suffered from alcoholism.

The night he died he was at his father’s home in the mobile home park in Yountville. His father said Rodriguez was in the bedroom trying to stop drinking, which was causing him to vomit.

Around 1:30 a.m., Bohlander responded to neighbor’s calls of man outside yelling for help. When Bohlander arrived he found Rodriguez armed with a knife. He ordered him numerous times to put down the knife. When Rodriguez approached the him with the knife raised, Bohlander shot him. Rodriguez was taken to Queen of the Valley Hospital where he was pronounced dead.

Investigators said they did not know why Rodriguez was yelling for help.

His sister and father believe he became disorientated while going through alcohol withdrawal and wandered out of the house.

Toxicology tests taken at the autopsy showed Rodriguez had 1,400 nanograms per milliliter of meth in his blood the night he died. Blood levels of 200 to 600 nanograms per milliliter of meth have been reported in meth abusers who exhibited violent and irrational behavior, according to the forensic toxicologist who performed the tests on Rodriguez.

Jayne Carmine said the family has filed the claim to “protect Sam’s name and prove his innocence. The shooting was unjustifiable. The police didn’t evaluate the situation. We have two witnesses,” Carmine said. “Sam didn’t deserve to die this way. He had his problems, but he never hurt anyone.”

Carmine said the claim is not about money.

“We really aren’t concerned about the punitive damages. We would like to get enough to pay the attorney fees. This has been really rough for all of us. This something we can’t let go. We need justice for Sam. We will do everything we can do, and if we lose, we lose. But we know we tried,” she said.