CHARLESTON, SC (WCSC) - Attorneys for a 12-year-old girl filed a motion to have her grandfather's cellular phone preserved as evidence in the shooting death of her grandmother.
The teen, known in court documents at "Jane Doe," is suing her grandfather, 80-year-old Ivo Francesco Colucci in the April 14 shooting death of 74-year-old Doris Colucci.
Colucci was charged with one count of murder and was released on June 8 on a $50,000 surety bond, according to jail records.
In a motion filed the following day, Doe asked the court to order Colucci and his attorneys to preserve Colucci's cellular telephone as evidence.
The motion states that upon Colucci's release, "the jail may have returned to him or his legal counsel" the cellphone he had in his possession on the day of the killing.
"Said cellular telephone likely contains material evidence in these proceedings," the motion states.
The 12-year-old is suing Colucci after she says she watched him shoot her grandmother in the head at the family's jewelry store in April.
The lawsuit claims doctors had diagnosed Colucci with dementia but accuses Colucci's biological children of claiming he didn't need mental health care because they wanted to protect their inheritance and didn't want to use any of his money.
The court documents also say police responded to several incidents between Colucci and his wife before her murder including one in which he pointed a gun at her. Documents also claim the jewelry business, which is also named in the lawsuit, placed everyone on the premises at risk by keeping him working as a figurehead at the store, despite his unstable mental condition.
Court documents state video surveillance captured Colucci arrive at the store on the day of the shooting and become involved in a verbal altercation with his wife. Colucci was then seen pulling a gun out of his pocket without his wife knowing, and shot her in the head, according to authorities.
Video surveillance then shows Colucci hide his gun, and retrieve the shell casing that was ejected during the shooting, which he put in his pocket, according to the affidavit.