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.