The Tennessee Bureau of Investigation (TBI) file on the Darrius Stewart case should be released for public viewing, according to a ruling made Shelby County Chancellor James R. Newsom III on Tuesday.
But Newsom stayed the order until December 15th, giving Memphis Police officer Connor Schilling, who shot and killed the unarmed Stewart on July 17th, time to file an appeal.
Schilling's attorney had been fighting to keep the report closed to the public, citing a concern that he might be facing a federal indictment and opening the record would jeopardize his right to an impartial jury.
Once available, the report could be viewed until February 8th on the Shelby County District Attorney website
, and following that, the judge would have to rule if that period should be extended.
On November, a Shelby County Grand Jury declined to indict Schilling on state charges despite a recommendation by Shelby County District Attorney Amy Weirich to indict the officer for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony.
Stewart was shot on July 17th by Schilling after the car Stewart was a passenger in was pulled over for having a headlight out. Stewart was detained in the back of a squad car after the traffic stop while Schilling checked for warrants. When Schilling discovered Stewart had two outstanding warrants in Illinois and Iowa, he opened the squad car door to place handcuffs on Stewart. Schilling said Stewart then attacked him and struck him with the handcuffs. During the struggle, Schilling fired at Stewart. Stewart died from two gunshot wounds, according to the Shelby County Medical Examiner's report.