ROCKFORD (WIFR) -- It's been more than a year since an off duty Sheriff’s Deputy shot and killed one of several teens who police say, were trying to rob Marie's Pizza

Michael Sago's family filed the lawsuit against deputy Frank Pobjecky, Winnebago County Sheriff Richard Meyers and Winnebago County. This is the first court appearance since it was filed in September.

The suit claims Pobjecky used excessive force and failed to provide medical care.

Today, Pobjecky filed a motion to stay, because he doesn't want to do anything until he's seen the surveillance video from that night. Judge Mahoney didn't decide on the motion. He says he will leave that to the district judge.

A trial date has yet to be set for the criminal cases against Desmond Bellmon, Lamar Coates and Brandon Sago. Lawyers say this civil case won't move forward until after those cases are over.

Lawyers for the Sheriff's Department say the criminal trial should begin in the next 6 months. The next hearing for the civil case is scheduled for March.