The ex-girlfriend of Palm Beach County Sheriff's Office Deputy Michael DeMarco, shot by the detective while walking her dog in October, is demanding the Boynton Beach Police Department "immediately" give back her cellphone.
Her attorneys are also trying to stop the police from serving a search warrant on that phone.
The woman, whom WPTV has chosen not to name because she is a victim of domestic violence, "has not consented to any search," according to her lawyers.
In a legal filing, the victim's lawyers argue that "her phone has personal information on it and has nothing to do with her getting shot. In fact, that has never even been alleged." They argue that she is "an innocent victim, not accused of any crimes. There is no reasonable suspicion or probable cause that she did anything unlawful."
In October, investigators say DeMarco approached the woman as she walked her dog in the development where they both live and he shot her in the back and then fatally shot himself. According to her lawyers, the victim was shot 5 times, and has already "undergone numerous surgeries, with more in the future."
DeMarco and the victim began dating in May 2017 but broke up about three weeks before the shooting. DeMarco and the woman lived in separate apartments. DeMarco was on duty, in uniform, and used his PBSO issued 9 MM Glock to shoot the victim and then himself.
Her lawyers say that police are continuing to victimize her, by not giving back her cellphone and jewelry, which they seized immediately after the crime.
"She has been intubated and she is writhing in pain and on medications to alleviate her extreme state of pain and terror," they wrote. "A Palm Beach Sheriff's Office Detective, clearly battling mental duress and emotional troubles was not properly cared for, or supervised for years by the PBSO. If PBSO had employed reasonable safety protocols to protect the public, the victim and Detective DeMarco, this tragedy would have been avoided," her lawyers wrote.
The lawyers continue to argue acts committed against the woman violated her constitutional rights, and her only role was that of a victim.