PHOENIX - The family of a man shot and killed at a Taco Bell drive-thru on Tuesday night wants justice.
"He claimed my brother attacked him but there was no weapon." said the victim's sister Marina Riez.
Daniel Adkins was walking his dog when he came around a blind corner of the drive-thru when another man was driving to the window to pick up his order.
The two got into an argument that escalated and Daniel was shot and killed.
The 22-year-old shooter in the car stayed on the scene and called 911.
The man told officers that Adkins was attacking him with a baseball bat or pipe and that is why he fired his weapon.
A witness told police that Adkins took a swing at the driver's side window, but police never found a bat or pipe or any kind of weapon.
Police think Adkins either swung with his bare fist, or with a dog leash in his hand.
So far, no arrests have been made.
The dog was unharmed and delivered back to Daniel's family.
"It's not fair cause I will never get to see my brother again," said Marina.
Police say Daniel's family is working with the County Attorney's Office to decide their next move.