ST. LOUIS (KMOX) – An attorney for the family of a man shot and killed by then-St. Louis police officer Jason Stockley is hoping to re-open a wrongful death civil lawsuit against the city.

Attorney Albert Watkins says the Missouri Attorney General’s office under Chris Koster should have shared DNA evidence with him about the shooting — before he reached a settlement.

The Attorney General’s office now admits it didn’t share DNA evidence in a timely manner during discovery in the civil case.

“I can tell you it was not a mistake, and I can tell you it can not be characterized as a delay,” Watkins says. “I am going to not be cute about it, I’m going to suggest to you that this piece of evidence was the most important piece of evidence.”

Even though that same evidence failed to win a conviction against Stockley in the criminal case, Watkins says the burden of proof is lower in a civil case, and he thinks it will make a difference.

Watkins is asking a judge to set aside the original settlement of $900,000 so he can argue for more damages.

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