ALBUQUERQUE, N.M. (AP) — The family of a woman shot and killed by an Albuquerque police officer is asking a court to force him to take a DNA test.

KOB-TV in Albuquerque reports ( ) the family of Mary Hawkes believes former officer Jeremy Dear planted the gun police say Hawkes was holding when Dear shot her.

Lawyers for the family say Hawkes' DNA didn't show up on the gun.

The court is expected to rule in late August on whether Dear will have to take a DNA test or not. The request comes as part of a wrongful death lawsuit the family has filed against Dear and the city of Albuquerque.

Dear's lapel camera turn off before he shot and killed her three years ago.


Information from: KOB-TV,