Newly filed court papers show Jeremy McDole’s right hand and sleeve had gunshot residue on them after he was shot and killed by police last September.
Wilmington police officers say they found a .38 caliber revolver in the 28-year-old wheelchair bound man’s underwear after he was shot, which had two live rounds and four spent casings.
A 911 call made to police claimed a man had shot himself and was still armed at the time.
McDole’s family deny he had a gun during the deadly shooting and a state forensic exam couldn’t link any gunshot wounds to the revolver cops say they found on him.
A toxicology report also found the hallucinogen PCP, marijuana and other substances in McDole’s bloodstream at the time.
The City of Wilmington is moving to dismiss a lawsuit brought by the family, citing the report and a cell phone video depicting the shooting.
The video shows police repeatedly yelling at him to drop a gun and show his hands, opening fire after his hands move toward his waist.
His family says it was a racially motivated killing and rejects allegations that McDole had shot himself before being fired on by police.
