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.
Russell was previously charged with murder by state prosecutors, but ultimately pleaded guilty to voluntary manslaughter and was sentenced in 2022 to one year in jail, plus probation.
Federal prosecutors later brought charges of deprivation of rights under color of law and using and discharging a firearm during and in relation to a crime of violence against Russell.
The shooting also led to a wrongful death lawsuit filed by Bils' family, which settled in mid-2022, with San Diego County agreeing to pay the Bils family $8.1 million.
Bils, 36, had been arrested for allegedly brandishing a golf club at park rangers in Old Town State Park and was being transported to the San Diego Central Jail when he partially slipped out of handcuffs, escaped from a California State Parks officer's car, and took off running.
As he fled, he was shot four times in the back, arm and thigh.
Three other law enforcement officers were at the scene, but Russell was the only one to draw his firearm, according to prosecutors.
In Russell's first trial, his then-defense attorney Richard Pinckard argued that when Bils slipped out of his left handcuff before he escaped, he ran with his left arm free, while his right arm was cradled near his chest.
At some point, Bils turned while holding what was likely the loose left handcuff in his right hand, Pinckard argued.
At the time of the shooting, Russell was 23 years old and had been with the sheriff's department for 18 months.
