Family of man shot by Chicago police seek new trial

CHICAGO (WLS) -- After Darius Pinex was fatally shot by police in 2011, his family hopes police recordings will convince a judge to give them a new trial in their wrongful death lawsuit against Chicago police.

While the Chicago police officers involved said the shooting was justified, his family says recent information they have learned could overturn a previous jury verdict in favor of the cops.

"And I always knew, like I said, they was lying," said Gloria Pinex, Darius Pinex's mother.

In 2011, Darius Pinex was killed by Chicago police during a traffic stop gone wrong. His family says they're one step closer to getting justice.

"They don't know what we go through when we sit in the crib and think about my brother," said Demarlon Simpkins, Darius Pinex's brother.

Now their lawyers want a federal judge to give them a new trial in their $10 million wrongful death lawsuit after learning City of Chicago attorney Jordan Marsh recently admitted during an investigation into the allegation to not turning over Chicago police radio recordings that called into question whether the cops had a legal right to stop Pinex, although Marsh knew about them about a week before the jury was chosen.

Marsh's attorney could not be reached for comment. The city's law department issued a statement that reads in part: "We take the professionalism of our attorneys seriously and we are in the process of preparing a detailed legal response to the plaintiff's filing."

Pinex, a 27-year-old father of three, was killed in January 2011 after police stopped his Oldsmobile Aurora in the Englewood neighborhood, saying it matched the description of a car wanted in a shooting they heard over their police radio. But according to court records, the cops never hear that alert because that call aired in a different zone.

While one of the officers involved still works out of CPD's 7th District, the other is off the force after being involved in a fatal shooting of another man a few months later.

The Pinex family and their supporters say the admission is proof of a cover-up by the city and police.

"Me and my family wants to move on. That's all me and my family are asking for. Indict the cops and fire anyone who covered up my son's murder," Gloria Pinex said.

The family said their lawsuit is not about money, but about justice. It's not clear when the judge will make his decision.