LANSING, Mich. (WILX) Lawyers for the Eaton County Sergeant who shot and killed Deven Guilford two years ago are asking a federal appeals court to dismiss the lawsuit filed by the teenager's family.
Last month, District Court Judge Paul Maloney ruled two claims of excessive force against Sgt. Jonathon Frost can go to trial.
It started with a traffic stop in February of 2015.
Guilford refused to show his license and registration. Frost dragged him from the car and used his stun gun when Guilford resisted being handcuffed. Guilford got up and they ended up in a ditch. Sgt. Frost says he fired his gun because Guilford was beating him to the point of unconsciousness.
The trial is set to begin on October 30th. We'll let you know if the appeal causes a delay.