MEMPHIS, TN (WMC) - The family of Ismael Lopez, who was killed by Southaven police, will finally get to see the state’s investigative files on the incident.
Murray Wells, who represents the Lopez family, said that this is one of the craziest cases he’s ever had.
He also said he's surprised by the lengths he has had to go to get the investigative files from DA John Champion.
The day before a news conference in July, Wells said Champion told him to get a subpoena.
"He responded to me by saying if you give me a subpoena, I'll give you everything I've got," said Wells.
The news conference was held to announce a grand jury did not indict the Southaven officer who shot and killed Lopez.
Champion said in July, "From my perspective the case is closed."
Wells got the subpoena Champion asked for, but he said Champion never handed over the files.
The probate lawyer then filed a motion to ask a judge to order Champion to turn over the files.
The judge ordered Champion turn over the files by the end of this year and gave a sanction ordering him to pay $300 for attorney’s fees and paperwork.
Wells would also like to get the case prosecutors presented to the grand jury since most grand jury presentations end in indictments.
Ismael Lopez was shot and killed by a Southaven police officer who went to the wrong house on a domestic violence call.
The correct house was across the street. Officers said Lopez pointed a gun at them and ignored commands.
Wells said his investigation showed that never happened.
"My theory is the dog out and that the officer panicked and began shooting and he shot through the door while that person was running away from the shots," said Wells.
Ismael Lopez was shot in the back of the head inside his house.
Earlier in the week, Champion told WMC he was not aware of any sanctions.
He said he did ask for a subpoena but never said one was issued in September.