Update: Friday, Dec. 1

A Sun City widow will get to continue with an open records fight.

On Friday, a judge ruled Kristina Myers will get a hearing to release body cam video she says shows her husband shouldn’t have been killed.

Eight weeks ago, the Barber County undersheriff shot Steven Myers with a beanbag and killed him in Sun City.

His wife and attorneys say evidence shows he wasn’t armed and was following directions.

"The government should not be able to hide behind the open records act," said Myers' attorney, Michael Kuckelman.

On Oct. 6, someone called law enforcement and said Steven Myers was threatening people outside of a Sun City bar and carrying a gun.

The KBI says when deputies arrived, Myers left and they later found him in a shed. The KBI says when Myers failed to comply with officers' commands, he was shot with a beanbag gun and died.

The lawsuit filed by the Myers' family’s attorneys says in the body camera video, you can see Myers coming out of the shed, as he was instructed and attempting to follow officers’ contradictory commands.

The family says you can hear the sheriff in the video say, "A little luck and he’ll pass out and die."

The family also says the sheriff instructed a deputy to disable his body camera.

The family wants that video released to the public and argues it should be released under the Kansas Open Records Act.

"There can't be any greater public interest then allowing the world to know the truth. You would think the government, the sheriff, would want to join with us and show that Mr. Myers had it coming," said Kuckelman.

The Barber County Sheriff’s Office has refused to release the video.

The attorney for the sheriff's office says it has followed the law and allowed the appropriate people to see the video. The attorney says providing copies is not a part of the law.

"What they’re claiming is they want copies of the body cam video. That’s what this is about. They've already been allowed to view it all and listen to it all."

The judge decided to strike down the sheriff’s motion to dismiss the case saying there is enough for a hearing on a potential KORA violation.

That hearing is set for Dec. 22.

The Myers family has also filed a federal lawsuit arguing that Steven Myers' civil rights were violated.

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The widow of an unarmed Kansas man killed last month during an encounter with Barber County deputies has sued the Barber County sheriff and his undersheriff.

Kristina Myers' filed a federal lawsuit Thursday alleging law enforcement officials used excessive force when they killed 42-year-old husband, Steven. He was shot by undersheriff Virgil Brewer at close range with a beanbag round on Oct. 6 in Sun City, Kansas.

The sheriff's office referred comment to the county attorney's office, which did not immediately return a phone message.

The lawsuit contends video shows Myers was standing with empty hands at his sides, and did not threaten officers or attempted to escape.

Video from a body camera captured Sheriff Lonnie Small saying, "Shot him with a beanbag round. Hadn't shot anybody with it yet."

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