JACKSON, Miss. (WJTV) – The Mississippi Department of Public Safety (DPS) asked a judge to dissolve his recent restraining order that blocks them from releasing the remains of a Belhaven man.

The new order, which was filed on April 26, asked Judge Dewayne Thomas to dissolve the previous order that was filed by Dau Mabil’s brother, Bul. The previous order blocked the release of Dau’s remains until an independent autopsy could be performed.

Officials with the DPS asked said the previous order was invalid because it was issued without notice to or personal jurisdiction over the department. They said the DPS was not properly served.

“Only the surviving spouse and next of kin has the legal statutory authority to determine the disposition of the bodily remains of Dau Mabil – not the Plaintiff. Finally, any attempt by Plaintiff to direct when, where, and how an autopsy shall be conducted while the State’s death investigation is pending is improper and the request should be denied,” the court documents read.

The temporary restraining order was filed against Karissa Bowley, who is Dau’s wife, Capitol police and the Mississippi State Crime Lab.

Dau went missing on March 25 while he was walking in the Belhaven Heights area.

Lawrence County Sheriff Ryan Everett said Dau’s body was located on Saturday, April 13, 2024, by fishermen about five miles north of Atwood Water Park. According to Everett, the autopsy did not reveal any type of foul play, but he said the official determination may be made at a later time pending further testing.

In a subsequent court filing, Bowley’s attorney said her client “embraces” the order for an additional autopsy by a qualified examiner but only after law enforcement finishes investigating, her attorney said in court documents. The court said it couldn’t consider Bowley’s request until April 30.

U.S. Representative Bennie Thompson (D-Miss.) also requested the U.S. Department of Justice to open an investigation into Dau’s disappearance.

The Associated Press contributed to this report.