DAVIE, Fla. — The parents of a man fatally shot during a confrontation outside a Florida drug store are suing a police department to obtain video of the shooting.

Attorneys for the parents of 20-year-old Andre Smith told local media outlets they have a legal right to see the video. The lawsuit was filed last week against the Davie Police Department, which contends the video is exempt from disclosure during an ongoing investigation.

Police say Smith was at a CVS on Nov. 1 to sell an iPhone to 37-year-old Matthew Jay Barry. But after the sale in the parking lot, Police say Smith tried to get the phone back and was shot by Barry.

Barry has a valid concealed carry permit. No charges have been filed.

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