MONTGOMERY, Ala. (AP) — A judge will consider a police officer’s request for immunity in a 2016 fatal shooting in Montgomery.
Defense lawyers argue Aaron Smith was acting in self-defense when he shot and killed 58-year-old-Greg Gunn.
Smith currently faces murder charges related to the shooting.
District Attorney Daryl Bailey objected to the request saying the previous judge in the case denied the immunity claim and appellate courts upheld that decision.
The renewed request comes after the original judge was removed from the case.
The fatal shooting happened after Smith stopped Gunn while he was walking. Friends said Gunn was walking home from a weekly card game.
Smith testified last year that Gunn had resisted a frisk, ran from him and was “arming himself” with a six-foot (1.8-meter) painter’s pole from a porch.