On the summer night in 2015 when 19-year-old Darrius Stewart was shot and killed by then-Memphis Police officer Connor Schilling, Stewart was on the ground as the first of two bullets fired by the officer struck him on the right side of his chest.

As a second shot was fired, Stewart managed to get to his feet and was two feet away, fleeing, when he was shot in the left arm before that bullet traveled into his torso. He then collapsed and was pronounced dead on the scene.

Those specifics, included in an order on Friday, Jan. 25, from U.S. District Court Judge Hardy Mays, provide a more descriptive view of the events of July 17, 2015, than previously offered.

In the Friday order, Mays dismissed the city of Memphis from the civil rights lawsuit filed by Stewart’s parents. A motion by Schilling to be dismissed was denied.

Neither the Stewart family nor their attorney, Murray Wells of Wells & Associates law firm of Memphis, could be reached for comment Monday, but there was one other bit of news in the case, which is expected to go to trial Feb. 25.

The court Monday granted a motion submitted by Schilling’s attorneys – Betsy McKinney, Deborah Godwin and Barclay Roberts of the Godwin, Morris, Laurenzi and Bloomfield law firm of Memphis – to allow recording the video deposition of Dr. Joye Carter, a forensic pathology consultant from Houston, Texas.

The shooting sparked protests and vigils and a call from activists for more police accountability.

Two witnesses told police they saw the officer and the unarmed teen struggling when the first shot was fired, and that Stewart was not on top of the officer or punching him as the officer previously stated.

In granting the city summary judgment Friday, Mays said the plaintiffs, Henry and Mary Stewart, failed to show enough evidence that “the city’s policies and customs caused Stewart’s constitutional injury.”

But with Schilling, the court declined to grant qualified immunity. Qualified immunity protects government officials from such lawsuits when the law they violated isn’t “clearly established.”

In this case, Mays wrote that “viewing the facts in the light most favorable to plaintiffs, Schilling violated Stewart’s clearly established Fourth Amendment right to be free from excessive force. He is not entitled to qualified immunity.”

Stewart was shot by Schilling after a traffic stop in Hickory Hill. Stewart, a passenger in the car that was pulled over by the officer for a broken headlight, was arrested for having outstanding warrants stemming from an alleged sexual assault arrest in Iowa when he was 13.

During the traffic stop arrest, Schilling said Stewart – who was not handcuffed – attempted to flee and struck the officer in the face with handcuffs when the two struggled. The officer told MPD investigators he feared for his life when he fired at the unarmed teen.

But Mays, in his assessment of the fatal shooting, said the evidence surrounding the use of deadly force showed it was not warranted.

“The ultimate issue in deadly force cases is “whether (the officer) had an objectively reasonable belief that (the suspect) posed an imminent threat of serious physical harm to him or others,” Mays wrote. “Schilling was never in a comparably precarious position: Stewart never concussed Schilling or injured him in a similarly debilitating way. Neither of the cited cases supports the argument that Schilling acted reasonably when he shot Stewart.”

Schilling was not indicted by a Shelby County grand jury in the fatal shooting, despite a recommendation by Shelby County District Attorney General Amy Weirich in 2016. The U.S. Department of Justice reviewed the case but said there wasn’t enough evidence to charge Schilling with a federal crime.

Schilling, who had been an officer with MPD for three years and nine months, was granted retirement and disability from the city’s Pension Board a year after the incident due to post-traumatic stress disorder.

MPD scheduled several administrative hearing dates to review the case. However, Schilling’s retirement canceled the hearing. Schilling is being paid $29,588 a year in retirement, in addition to a 70 percent subsidy of his monthly health care premiums for the rest of his life.