Family speaks out amid lawsuit

A family suing police over a man' s death is insisting another investigation had nothing to do with what happened.

Robert Lathan was found dead days after a car crash two years ago.

The family filed a federal lawsuit saying police, fire and ambulance crews didn't do enough to find Lathan. A private search team found him days later, in a creek just steps away from the scene.

It came to light that as he was missing after investigators found piles of mail-order DVD's in his apartment. The discovery sparked the attention of postal inspectors. But the family believes that had nothing to do with what happened at  the crash scene.

Police said during the search they were not told Lathan had not been in the car--thinking only his brother was in it.