BLOOMINGTON - A wrongful-death lawsuit filed by the family of a motorist who was shot and killed by a Normal police officer in 2002 likely will go to trial next week, the family's civil attorney said Tuesday.

Settlement negotiations between the town of Normal and the family of 20-year-old Nathan Ruch have been unsuccessful, Bloomington attorney David Dorris said Tuesday.

"There's still a possibility this could get settled," Dorris said. "But it's highly likely the case will go to trial. There's no question the family would rather not have to go through a trial. It's going to be terrible for them."

Ruch, an Illinois State University student living in Bloomington, was shot to death March 27, 2002, by Normal patrol officer James Merica following a traffic chase.

Merica and the town contend the shooting was justified. Merica told investigators he opened fire after Ruch drove his pickup truck toward him.

Dorris said the main issue to be settled during the trial will be whether Merica was legally justified when he fired four shotgun shells at Ruch's pickup.

Ruch's family has said the fatal blast, which struck Ruch in the head, penetrated the passenger side window, indicating the truck had already passed Merica without striking him.

Thomas DiCianni, a Chicago attorney representing the town in the lawsuit, could not be reached Tuesday to comment on the case. The civil trial is scheduled to begin Tuesday in front of Judge James Souk.

Dorris said the family wants details of the shooting made public and will not agree to keep anything confidential if a settlement is reached.

Ruch, who had been convicted of two serious drug charges, likely didn't want to be arrested that night because it would have been a violation of his probation.

Tests later confirmed that Ruch's blood alcohol level was slightly above 0.08, the legal limit for driving.

The chase began after Merica tried stopping Ruch for a traffic violation on East College Avenue. Ruch drove in between two houses after being chased onto the 100 block of Dowd Court.

The shooting occurred after Merica got out of his patrol car and Ruch drove back toward the street. Merica told investigators he was in the pickup's path when he opened fire and acted in self-defense.

Dorris said Ruch's parents, Jack and Margery Ruch, are more interested in details of the incident becoming public than collecting a financial settlement.

"The thing the Ruch family wants the most is to search for the truth," Dorris said. "If we have to try this case to get that, then it'll be tried."