A Jackson County family is disputing the WV State Police's version of how a 35-year-old man was shot and killed late Saturday night, calling the officer "a cold blooded killer."

Jill Fisher, wife of Michael S. Fisher, contends he was unarmed and had his hands in the air when he was shot by a State Policeman who was on his way to another call.

Fisher had apparently been shooting a gun up-in-the-air.

In an official statement by Sgt. S. E. Wolfe of the State Police, "The trooper gave several lawful commands to have him drop his weapon and an altercation ensued, which resulted in Mr. Fischer sustaining fatal gunshot wounds that led to his death."

Fisher told media "That stupid son-of-a-bitch (officer) was trigger happy," admitting Fisher had been firing-off a gun into the air, which caught the attention of the officer.

Mrs. Fisher contends her husband had been shot and was on the ground when the officer shot him three more times.

She said he had thrown down the gun and everyone was hollering for the trooper not to shoot.

Family members said the trooper, without flashing lights or sirens on the patrol car, unlatched a gate and drove up a one-eighth mile driveway to the residence.

"He didn't even put his car in park," according to Fisher, who said the shooting was also witnessed by her two children and a nephew.

Family members are contending nine shots were fired by the trooper, including three shots that hit their house.

"If the cop thought he was in danger, he should have backed off down there some place," said Johnny Haynes, "He should have presented himself and asked if (Michael) had a gun."

This summer Fisher had been in a boat on a foggy Ohio River when he collided with a barge, killing his children, Samantha, 4, Jesse Fisher, 16 months, and Jennifer Posten, 33, his sister-in-law.

Two days later Fisher, attempting suicide, jumped off the William S. Ritchie Jr. Bridge at Ravenswood, surviving a 100-foot fall.

The case is is being investigated by the State Police's internal review department.