but jarrell is five foot eight. lester is now awaiting trial after pleading not guilty to first degree assault and armed criminal action. >> this case is not just about seeking justice for ralph, but about advocating for systemic changes, jarrell's family claims, prosecutors have not been aggressive in pursuing the case. >> their civil suit targets lester and his homeowners association, claiming negligence. >> our lawsuit will be looking to investigate how much the neighborhood association knew about mr. lester's violent tendencies, about his racial animus. >> the suit also claims the association failed to render aid after jarrell was shot. the homeowner's association has not commented and lester's attorney says he's not yet seen the complaint. the family says that jarrell has suffered permanent injuries, including pain and suffering. the civil lawsuit seeks unspecified compensation. >> federal regulators are now testing ground beef in certain states for bird flu. the test will involve samples from beef from retail

scott fitz jarrell's great, great granddaughter and she's a trustee of his estate.he watched as a slew of zbatsbiesque projects were waiting at the starting line. >> i always hope there will be some faithfulivities but we don't have any control over it. so we just have to kind of embrace that. ♪ only we know what we've both been through ♪ >> reporter: she's just been invited to a new post-copyright adaptation of her great-grandfather's work, a gatsby musical which opens on broadway this month. >> hope it's good. >> she comes in first. then he comes in and like -- >> do you want to try that? >> any group of artists is going to distill down a story through their own lens. >> bigger as in more pointed? >> reporter: the musical's director, mark bruni, and writer, kate carrigan. >> we didn't want to do something that was wildly different from the novel. we wanted to add perspective and layers to the novel. ♪ >> reporter: the truth is most works aren't lucky enough to be economically viable for as long as f. skots fitzgerald's or ernest hemingway's or even walt disney's.