A civil suit filed on Oct. 6 by Jeshaun Manning-Carter and his mother Laura Manning alleges that Champaign Police Chief R.T. Finney fired the shot that killed Kiwane Carrington on Oct. 9, 2009.

Carrington and Mannning-Carter were involved in a shooting with Finney and Champaign Police Officer Daniel Norbits on Oct. 9, 2009, when both officers responded to a call about a possible burglary. Manning-Carter was present when Carrington was shot and died.

According to the court document, Finney allegedly pushed Carrington backwards to a seated position when Carrington approached, before firing the shot. Previous findings had indicated that Norbits was the officer who fired the shot.

The civil suit is suing the city of Champaign for intentional infliction of emotional distress and Finney for two counts of intentional infliction of emotional distress.

According to a press release, City Attorney Fred Stavins said the city will defend the case “vigorously.”

“There has never been a shred of evidence that suggests Chief Finney was the shooter,” Stavins said in the press release. “All the physical evidence, including a test of Chief Finney’s gun, contradict these allegations.”