A federal judge denied a request Wednesday from defense attorneys for a former San Diego County sheriff’s deputy who fatally shot a fleeing, unarmed man outside the San Diego Central Jail to delay his trial in connection with the shooting, with his attorneys arguing that recent high- profile law enforcement shootings could unfairly bias potential jurors against their client.

The denial from U.S. District Judge Todd Robinson means the trial for Aaron Russell, who’s been prosecuted in both state and federal court for the May 1, 2020, shooting death of Nicholas Bils, is on track to proceed as scheduled on Feb. 17.

Russell’s attorneys, Jeremy Warren and Miguel Penalosa Jr., argued in a motion to delay the trial that the recent killings in Minneapolis of Renee Good and Alex Pretti by federal agents will make it “impossible for jurors to put aside any strong feelings they have about the other shootings of unarmed individuals.”

The attorneys argued that a 90-day delay would provide a sufficient “cooling off period” for the news cycle to shift away from coverage of controversial law enforcement shootings.

“Given the unique circumstances facing our country, including the repeated dissemination of graphic images of law enforcement officers who go uncharged for shooting incidents occurring under the color of authority and involving the death of unarmed individuals, it is not possible for Mr. Russell’s trial to be free of implicit or actual bias against him,” the defense’s motion reads.

Prosecutors with the U.S. Attorney’s Office opposed the continuance and in their opposition papers argued nothing could ensure that the trial would proceed at any time in an atmosphere free of tension over police shootings.

“Defendant assumes that over the requested 90 days, there will be a `cooling off period’ and that `the news cycle (will) spin to other matters.’ However, the debate over immigration policy and the current methods of enforcement, which often involve the use of force by federal law enforcement officers, has been ongoing for many, many months and shows no sign of stopping,” prosecutors wrote.

The trial will be Russell’s second in the case, as a San Diego federal jury was unable to reach verdicts last year.

(picture: SD Sheriff)