Brian Fitch Sr. Courtesy Minnesota Dept. of Corrections

Convicted of killing a Mendota Heights officer last summer, Brian Fitch Sr. now wants police to return the $2,993.43 he had on him as he shot at them.

Fitch is serving a life sentence without parole for killing Officer Scott Patrick on July 30 during what was supposed to be a routine traffic stop in West St. Paul. He was captured later in the day following a shootout in St. Paul's North End.

With the cash and a map to Luck, Wis., drawn on a lunch bag in his vehicle, prosecutors alleged Fitch was planning to leave the state when he was caught.

During his trial, Fitch's defense had argued that he was not a murderer but was a busy drug dealer collecting money from clients on the day Patrick was killed.

In a motion filed Monday in Dakota County District Court, Fitch attorney Laurie Traub asked that the money seized during Fitch's arrest be returned.

According to the motion, law enforcement failed to file a forfeiture notice within 60 days as required by state law. A hearing is set for May 7.