Lawyers representing the family of a 69-year-old man shot and killed by police in a morning raid on his Hampton home in 2011 say a judge got it wrong when he tossed a wrongful death lawsuit in the middle of a jury trial last year.

The attorneys for William A. “Bootsie” Cooper’s estate also contend that Circuit Court Judge Thomas Shadrick made several incorrect rulings before the trial — barring them from presenting crucial evidence to the jury and greatly hamstringing their case.

They want the Virginia Supreme Court to order a new trial.

The attorneys assert things might have turned out differently had jurors been allowed to hear about alternatives to the raid, and about whether police adequately vetted an informant’s allegation that Cooper was selling prescription painkillers from his house.

“The trial court erred in resolving factual disputes” and taking the case out of the jury’s hands, said a brief to the high court by attorneys Joseph J. Stellute, Robert J. Haddad and Kevin P. Shea. “The jury should have been allowed to decide whether such (police) acts or omissions occurred and, if so, whether they amounted to gross negligence.”

The lawyers will have 10 minutes to argue their case to a panel of three Virginia Supreme Court justices on Oct. 17 in Richmond. The Cooper case will be one of about two dozen cases to get 10-minute hearings that day, all hoping for a more extensive hearing.

If the three-judge panel grants the appeal — and selects the Cooper case to be among a much smaller number of cases to get more scrutiny — that will mean more legal filings and a comprehensive argument before the full seven-member Virginia Supreme Court next year.

If the panel rejects the appeal, however, Shadrick’s decision tossing the case will stand.

Lawyers for two defendant police officers will not be allowed to speak at the October hearing, but have said in a court filing that Shadrick’s rulings were correct, and that officers properly acted in self-defense. “Cooper … fired at police officers, causing them to return fire,” the filing said. During the raid, they said, the officers “were clearly marked with badges of authority and visible indications of their status as police officers.”