Sarah Fowler

The Clarion-Ledger

A federal court has sanctioned the attorney for the family of a slain Tupelo man for failing to comply with court rules in his lawsuit against the city.

Carlos Moore sued the city of Tupelo on behalf of Peggy Shumpert, the wife of Ronnie Shumpert, who was shot and killed by Tupelo Police Officer Tyler Cook in June.

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The city claimed Cook shot Shumpert because he was in fear for his life. The Shumpert family filed a wrongful death civil suit and sued the city and Cook for $35 million.

In January, Tupelo filed a compliance motion, asking Moore to provide discovery, including a yet-to-be-completed forensic expert analysis reference by Peggy Shumpert in a previous hearing. The city asked for Moore to be sanctioned for not complying.

According to the court, Moore provided an "unverified response" to defendants "shortly after the motion was filed." However, he will be sanctioned for not producing the discovery in a timely manner.

In an order handed down Wednesday, Judge David Sanders said Moore was at fault.

"Based on the testimony presented by Carlos Moore at the hearing, it appears his own conduct, and not that of the plantiffs he represents, necessitated the filing of the defendant's first compliance notice," the order read. "Accordingly, Carlos Moore shall be solely liable for the sanctions imposed herein."

When reached Friday, Moore said he was under "immense stress" throughout 2016. In addition to the Shumpert case, Moore sued Gov. Phil Bryant over the state flag. That case was dismissed. Moore has appealed.

"We informed Judge Sanders that we were under immense stress in 2016, because of the five death threats related to the state flag lawsuit against the governor," Moore said. "The judge did not find that was a sufficient reason. I was happy that he did not sanction or penalize my client so I will follow the order of the court and pay the reasonable expenses once they are submitted to the court for approval."

John Hill, who is representing Tupelo, said a figure has not yet been determined.

The Shumpert trial is set for the December term. Depositions have not been taken in the case, but Moore was optimistic, saying, "the experts are going to be key."

Contact Sarah Fowler at 601-961-7303 or sfowler@gannett.com . Follow her on Facebook and Twitter .