A white Alabama police officer charged with murder in the fatal shooting of an unarmed black man is asking a judge to rule that he’s immune from prosecution.

Circuit Judge Greg Griffin has scheduled a hearing Thursday to consider the request by Montgomery police officer Aaron Cody Smith.  He’s set for trial next month in the 2016 killing of 58-year-old Greg Gunn.

Authorities said Smith killed Gunn after confronting the man as he walked through his neighborhood.  An investigation determined the shooting wasn’t justified, and grand jurors charged Smith with murder.

But Smith argues in court documents that he was acting in self-defense and shouldn’t be prosecuted.

The judge could throw out the case if he agrees.  Court records show the defense has subpoenaed dozens of potential witnesses.

(Associated Press, copyright 2018)

Sign-up now for our daily newsletter and never miss another article from Yellowhammer News.