DEARBORN — It has been more than two months since the death of 31-year-old Janet Wilson, who was shot by Dearborn Police during a pursuit near Fairlane Town Center.

Now, her family is taking extra measures to get some answers from the police department.

The attorney representing Wilson’s family has filed a Freedom of Information Act lawsuit against the city. 

Vince Colella of Southfield-based law firm, Moss & Colella, P.C., filed the lawsuit on Thursday, March 24, for the city’s refusal to turn over evidence in the fatal shooting, which occurred on January 27. 

Witnesses had reported Wilson acting erratically at Fairlane Town Center, where she was engaged in a confrontation with mall security.

She reportedly fled the scene and Dearborn Police were called in to track her down. 

Michigan State Police said Wilson’s vehicle got stuck in traffic as she left the mall on Hubbard Drive. 

An officer shot Wilson after she was found to be driving erratically and allegedly tried to run over an officer.

Wilson died of multiple gunshot wounds and the officer was treated for non-life threatening injuries.

Her death was ruled a homicide in late January by the Wayne County Medical Examiner’s office.

Days later, Wilson’s family held a press conference in front of the Dearborn Police Department demanding the city release footage, along with the name of the officer who shot her. 

Evidence sought by Colella from the shooting includes dash cam video footage and 911 dispatch audio. The city of Dearborn has denied the request under a Michigan criminal procedural statute.

According to the complaint filed by Colella, who has handled a number of excess and deadly force cases against Michigan police officers, none of the materials subject to the request were obtained by the city pursuant to any investigative subpoenas.

“The dash cam video and audio are ‘records’ required to be maintained by the Dearborn Police Department and were not secured by the city in response to an investigational subpoena,” Colella told the Dearborn Press & Guide.

The shooting is currently under investigation by the Michigan State Police. Colella also made a request to the MSP for its entire investigation file.

“While the MSP has issued a letter indicating it would comply, the deadline for producing the materials expired on March 22 with no disclosures being made,” Colella said. “Given the delay in producing the materials, I expect that the state will deny our FOIA request under the ‘criminal investigation’ exemption.”

In anticipation of its denial, Colella has served notice on the Michigan Court of Claims of his intent to bring a FOIA action against the state for its denial as well.

“The government bears a heavy burden of justifying nondisclosure of information requested under FOIA,” he said. “With police violence cases under intense scrutiny, transparency is the cornerstone of maintaining positive community relations with law enforcement. The unnecessary delay in the release of video footage fosters a culture of distrust.”

Wilson’s incident marked the second death in less than two months by Dearborn police.  In December, 35-year-old Kevin Matthew, a Detroit resident, was also shot and killed by an officer during a pursuit.  No further information has been released about that incident either. The Detroit Police Department is handling that investigation, since the fatal chase ended up on the west side of Detroit.