MOSS POINT, Miss (WKRG) — The attorney representing the family of a man killed by Moss Point Police will not file a $10M lawsuit over the deadly shooting. The decision comes hours after he announced the lawsuit Monday afternoon. Officers say Toussaint Diamon Sims ran from officers, then displayed a gun in a “threatening manner.” Moments later, an officer shot and killed Sims.

The attorney, Carlos Moore, met this morning with District Attorney Angel Myers-McIlrath. After the meeting, Moore announced he would not be filing the lawsuit. Furthermore, Moore will withdraw from the case. He tells WLOX, “As a relative of Mrs. Sims, I have decided to withdraw from the case. I believe I am at a severe disadvantage not knowing all of the evidence. While I have spoken to several eye witnesses, I have not been privy to the video. and since there is a video I cannot determine exactly what happened at the moment of the shooting. So while the officer’s attorney has seen the video, as the family attorney I am not allowed to see the video and I cannot do my job properly without all the evidence before me…so no lawsuit will be filed by me.”

All of the evidence will be presented to a grand jury, who would then determine whether the shooting was justified or if there is enough evidence to bring criminal charges against the officer.