The family of man shot and killed during a birthday party at an Alton nightclub is asking the alleged shooter to pay more than $100,000.
Their attorney also is calling for justice to be served.
Nanette Miller, as special administrator of the estate of Jamarco Anthony, filed the wrongful death lawsuit against Rodney Mike March 26 in Madison County Circuit Court.
Attorney Amy Sholar of Alton announced the filing of the lawsuit at a press conference outside the courthouse on Monday.
Sholar, who is running for the office of Madison County State's Attorney in November, called on authorities to bring Anthony's alleged killer to trial.
Mike was arrested for the crime shortly after the shooting. He posted $100,000 bond and has been free since July 2010 "with regular continuances of his trial," Sholar claims.
According to the lawsuit, Rodney Mike allegedly shot Jamarco Anthony during a birthday celebration for Anthony at an Alton nightclub on May 9, 2010. Miller says Anthony was seriously injured in the shooting and later died.
Miller accuses Mike of failing to use proper care and of "negligently, carelessly, recklessly and/or improperly" shooting Anthony. She says his death has caused Anthony's family, including his minor children, to endure loss of companionship, grief, sorrow and mental suffering.
Citing the Wrongful Death Act and Survival Act, Miller is asking Mike to pay more than $100,000 in damages for the family's suffering and the expenses associated with Anthony's medical care and his death.
"While $100,000 isn't going to replace Jamarco, it can help his three small children as they grow up without him," Sholar said in a statement. "All we ask is for all of the authorities involved to cooperate in helping to make the best out of this terrible situation."
Sholar, a Republican, will face Democrat State's Attorney Tom Gibbons in the fall election.
Madison County Circuit Court Case #12-L-364