CHICAGO (CBS) -- The Midlothian police officer who shot and killed security guard Jemel Roberson outside a Robbins nightclub last November is asking a judge to put the civil lawsuit against him on hold until Illinois State Police complete their investigation.
Roberson, 26, was working at Manny's Blue Room on Nov. 11, when shots were fired after a fight broke out inside the club.
Midlothian Police Officer Ian Covey was among the officers who responded to the shooting, and he has been identified as the officer who shot and killed Roberson, as he was holding down the gunman and pointing his weapon at him in the parking lot.
Roberson's family has sued Covey and the village of Midlothian, calling the shooting unreasonable, unprovoked and unjustified.
Covey was placed on paid administrative leave after the shooting, pending the results of an Illinois State Police investigation.
In their initial account of the shooting days after the incident, Illinois State Police said Covey gave Roberson multiple verbal commands to drop his weapon, and Roberson was not wearing clothing clearly identifying him as a security guard.
However, witnesses and Roberson's family attorney have said he was wearing a cap and shirt labeled "security," and that people at the scene told the officer Roberson was a security guard. Another security guard at the club also said he told police Roberson was a security guard.
Video released by Cook County police in February shows chaos erupting inside and outside the club on the night of the shooting. The videos do not show Covey shooting Roberson, but do show at least part of the aftermath, as irate witnesses and other security guards lash out at police.
"Your man shot my man. The police shot security," a security guard told officers at the scene. "I'm telling him he's working with us. Cool out. He's working with us. He shot him four or five times after we told him he's with us."
Covey's lawyers are asking a federal judge to issue a stay in the civil case until the Illinois State Police complete their investigation, and Cook County prosecutors and the Illinois State's Attorney Appellate Prosecutor decide on possible criminal charges against Covey.
A hearing on that request was scheduled for Wednesday morning.
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