EAST NEW YORK - A man is dead after being shot by an off-duty police officer Monday morning during an alleged road rage argument in East New York.

Officials say just after midnight, 37-year-old Delrawn Small got out of his car after a traffic altercation with an off-duty NYPD officer driving his personal car.

Police say Small walked over to the officer and began punching him repeatedly in the head through his car window. The off-duty officer then shot Small while being assaulted, according to police.

The NYPD was called to the scene and Small was pronounced dead by EMS. The officer was taken to Jamaica Medical Center to be treated for cuts to his head.

Small's family is saying he should still be alive and that the off-duty officer who shot him used excessive force. 

The family spoke to News 12 and says Small was shot three times, with at least one bullet hitting him in the head, and that all of this all happened in front of his wife and three kids. Several elected leaders and the family's attorney say they will be seeking justice. 

"There comes a time when excessive force is excessive," said Victor Dempsey, the victim's brother. "More than one shot let off. If you're a police officer trying to defend yourself, one shot would have been enough."

The officer has not yet been identified but the NYPD is investigating the incident.

"We'll do a very comprehensive initial investigation gathering a lot of video from the area,” said NYPD Commissioner William Bratton. “We have talked with the officer and are cooperating fully with the attorney general’s office."

Bratton continued to say that the off-duty officer used his police-issued weapon in the shooting and that he believes the officer was headed home from work. He says he is hoping for the results of the preliminary investigation from the attorney general’s office by the middle of the week.