The McKinney v. Duplain civil trial, which has cost Ball State University about $1.3 million, could return to court if a U.S. District Court judge approves a motion for a new trial.
On Feb. 4, a jury found that former Ball State police officer Robert Duplain did not use excessive force when he fatally shot then-senior Michael McKinney four times in 2003.
Two weeks after the verdict, attorneys for the McKinney family filed for the motion for a new trial, according to the clerk's office for Judge Richard Young.
Defense attorneys filed a response in early March, but Young has not made a ruling on the case, according to the clerk's office.
Tony Proudfoot, Ball State associate vice president for marketing and communications, said Duplain's court expenses have cost the university $1,296,638 so far. Most of the expenses will be paid for through insurance claims, Proudfoot said, leaving the $100,000 deductible for Ball State to pay.
Ball State will continue to cover Duplain's court costs if the case returns to trial, Proudfoot said.
"There is a statute for this," he said. "[Duplain] was an employee during the time of the incident. The university is required to pay for the expenses."
The McKinney's filed the $275 million law suit against Duplain after he shot and killed their son in the backyard of Muncie resident Jane Poole.
Poole had called Delaware County 911 after she heard someone banging on her back door. When police arrived on the scene, Duplain went to the backyard where he saw McKinney, who he said charged at him with his hands in his pockets.
Duplain said during the trial he was afraid McKinney was going to reach for a gun, and he aimed at the 21 year old's center mass and fired.
Officials later determined McKinney had a blood-alcohol content of .343 percent at the time of the incident.
Duplain was not indicted on criminal charges for the incident, but during the civil trial, plaintiff's attorneys accused Duplain of using excessive force and violating McKinney's constitutional rights.
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