TEXAS CITY, Texas – A former Texas City police officer has been accused of stealing cash from a dying man's pocket, according to a lawsuit filed by the man's family.

The officer, identified as Linnard Crouch, resigned from the department months ago. Criminal charges against him are pending.

A lawsuit filed on behalf of the man's family alleges that Crouch took $2,400 from James Mabe's pocket minutes after he suffered a fatal medical emergency while driving home days before Christmas. Mabe was on his way to buy presents.

"What a family can never prepare itself for are the shocking, unimaginable, inhumane circumstances we have suffered through,” said Linda Mabe, James' widow.

Attorney Randall Kallinen says an internal memo proves Texas City police were aware of what happened within weeks and even had video evidence.

In the memo, an assistant chief writes, "I have reviewed Officer Crouch's body camera video and have observed Officer Crouch to have removed money from Mr. Mabe's right front pocket he appears not to have reported.”

“Six months ago, they had a video – and they had a conclusion to it – but no one was arrested,” said Kallinen.

Texas City Police say the case was turned over to the Galveston County District Attorney.

The Mabe family is seeking to get the stolen money back and a yet-to-be determined amount for their pain and suffering.