The parents of a Mexican citizen who was fatally shot in the back in November by two off-duty Denver policemen filed a lawsuit Tuesday charging the officers with negligence.

The staff of the Consulate General of Mexico helped lead an investigation into the death of Miguel Angel Ochoa and found a witness who claims to have seen him surrender before he was shot.

The civil action was filed in Denver District Court on behalf of Ochoa's parents, Policarpo and Atocha Ochoa.

Leonardo Ffrench, Mexico's consul general in Denver, also arranged for lawyer Walter Gerash to represent the Ochoas, who live in Chihuahua, Mexico.

Gerash said although the limit for suing the state was $150,000, a new law allows municipalities to raise their insurance to $250,000. While Colorado law precludes the plaintiffs from asking for specific monetary damages, Gerash said he would challenge any damage limit.

The city attorney's office had not seen the suit Tuesday and had no comment, said Briggs Gamblin, a spokesman for Mayor Wellington Webb.

Ffrench held a rare press conference Tuesday at the Denver consulate to claim that a witness saw Ochoa, 24, surrender to officers Dennis Chavez and

Vince Lombardi. Ochoa, who had been in the United States for five years working as a roofer, was killed by two bullet wounds in his back.

"As soon as the Consulate General of Mexico in Denver learned about this homicide, we investigated objectively and found a neutral witness who saw Mr. Ochoa shot twice in the back with hands up in the air," Ffrench said.

The Denver district attorney's office investigated the death and did not charge Chavez and Lombardi, saying the action was justified because the officers saw Ochoa reach for a handgun.

Investigators acknowledge a witness claimed he saw Ochoa raise his hands above his shoulders and turn toward the officers. The witness said he thought Ochoa was unarmed. But investigators said the statements conflicted with testimony from other witnesses.

The officers said they pursued Ochoa in the north downtown section after hearing gunshots and seeing him acting suspiciously. Ochoa ran when the officers told him to halt, they said.

Ochoa apparently dropped his gun near Park Avenue West and Broadway and appeared as if he were about to surrender, the district attorney's office said. However, the officers said, they saw him reach for the weapon.

The Denver district attorney reported Ochoa had a blood alcohol level of 0.22%, well above the 0.10% specified in the law that defines drunken drivers.

Chavez and Lombardi were working, off-duty, as security guards at El Alacran Bar.