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Court Jurisdiction Fight Looms in McDole Shooting

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DOVER, Del. (AP) - Attorneys for the city of Wilmington are seeking to move a lawsuit over the fatal police shooting of a black man in his wheelchair from state court to federal court.

A notice to move the lawsuit was filed late Thursday.

An attorney for Jeremy McDole's family claims a federal jury drawn from a statewide jury pool is less likely than a jury of local residents to include minorities.

An attorney for the city did not immediately respond to an email.

McDole was shot last September after police were notified about a man who had shot himself and was still armed with a gun.

A bystander's cellphone footage shows officers repeatedly telling McDole to drop his weapon and raise his hands and McDole reaching for his waist area before shots erupt.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.