"We've been on the case about four months," said attorney Terry O'Reilly, but the city has yet to release any documents about the shooting. He filed the petition in Contra Costa County Superior Court last Friday and expects a hearing to take place within 30 days.
Police went to Dittman's home in the 2100 block of Rubye Drive shortly after midnight on Feb. 15 in response to a call that prowlers and vampires were around the house and on the roof, according to an Antioch police press release shortly after the event.
A voice from inside the house told the police to come in. Officers said Brian Dittman then threatened them with a large kitchen knife and a large meat fork, refused their order to disarm and advanced in a threatening manner.
"The nearest officer fired at the subject when the subject was about four feet away and still advancing," the press release states. "The subject was hit at least twice and was pronounced dead at the scene."
"Brian Dittman suffered from mental problems," said O'Reilly, in a press release. "All this grieving father wants is an opportunity to review all the reports concerning what actually happened on the night … police encountered his son.
"These reports are a matter of public record and are, by law, supposed to be available to all citizens requesting copies, not just family members. Instead, the Antioch Police Department has been stonewalling, making excuses and trying to pass the buck.
"It is appalling that Mr. Dittman must take this action to obtain information that should be given to him automatically. One can only wonder what the police are trying to hide."
City Attorney Lynn Tracy Nerland said that none of the documents would be released until all of the investigations are complete. She said testimony might come up in the coroner's inquest that would make the police reports "sort of a draft."
"The Dittmans have filed a claim for damages against the city in Superior Court," Nerland said.
There was no answer to a call made to the Dittman house on
"Our sympathy goes out to the Dittman family," said Antioch Police Chief Jim Hyde, adding that he would have no comment on proceedings in order "to protect the integrity of the process."
Hyde said the coroner's inquest is scheduled for Sept. 15.