32-year-old Alex Johnson disappeared from his Lexington home shortly before Christmas after police said he answered a knock at the door.
His body was found stuffed in a barrel in the Kentucky River about a month later.
Mark Taylor and Timothy Ballard are both accused of kidnapping and murdering Johnson. They have pleaded not guilty and are due in court again in October.
Attorneys for Johnson’s family are now asking for a settlement or they will sue.
A letter was sent to the city on Friday. ABC 36 got a copy of it Tuesday after filing an open records request.
The letter said two people witnessed Johnson’s kidnapping and attack near his home on Hanover Avenue the night of December 20th.
The family’s attorney said police never responded to those 911 calls.
The letter gives the city a few days to come back with a possible settlement before the family plans to file suit.
A draft of the possible complaint, included in the letter, said Johnson died as a direct result of police not responding.
The draft claims if police had responded, officers would have been able to track the vehicle used to kidnap Johnson and he would not have been killed.
It said 911 call-takers and dispatchers failed to follow guidelines and instructions required when responding to calls of in-progress, life-threatening injuries.
The draft said that the call takers and dispatchers were not properly hired, trained or supervised.
It notes that from around October 2011-February 2014 the E911 Center did not have a full-time director or supervisor.
It also said, when Alex Johnson’s family contacted Lexington Police about the missing person report, they were not told about the life-threatening assaults in the area of Johnson’s home.
It goes on to say that the two witnesses were never interviewed by police and that a private investigator tracked down the eyewitnesses.
Dispatch records show two police units drove through the area after the 911 calls but didn’t find anything or anyone after five minutes of searching.
Back in March ABC 36 spoke with one of the family’s attorneys.
“They don’t want Alex’s memory to be, they could’ve saved him and they didn’t,” said Mark Wohlander, attorney.
The draft complaint names the call takers, dispatchers and supervisors on the night of the alleged attack along with Mayor Jim Gray and Lexington Police Chief Ronnie Bastin in the suit.
The city said it cannot comment at this time.