MARTINSBURG, W.Va. (AP) — A lawsuit stemming from the fatal shooting of a Virginia man by Martinsburg police is headed to trial.

The Journal (http://bit.ly/ZQUYKN ) reports that attorneys for the plaintiffs and the defendants couldn’t reach a settlement during mediation talks.

The family of 50-year-old Wayne Arnold Jones of Stephens City, Virginia, filed the $200 million federal lawsuit against the city and the officers in 2013. The lawsuit alleges that police used unreasonable and excessive force.

An autopsy found that Jones was shot 23 times.

Police have said Jones drew a knife on after the officers stopped him as he was walking on a street. One officer was stabbed during a scuffle. The shooting occurred on March 13, 2013.

The trial of the lawsuit is set for Oct. 28.

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Information from: The Journal, http://journal-news.net/

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