NEW ORLEANS (AP) — A federal appeals court is hearing the case of a white Texas officer who a judge earlier said was immune from prosecution in the shooting death of a black man.
The 5th Circuit Court of Appeals is hearing the case in New Orleans.
A Texas grand jury indicted Charles Kleinert for manslaughter in the death of Larry Jackson Jr. in July 2013.
Kleinert was an Austin police officer assigned to an FBI-led task force on bank robberies.
He was investigating bank robbery when he encountered Jackson.
Kleinert has said his gun discharged accidentally after he chased Jackson and a struggle ensued.
Before Kleinert's case went to trial, a federal judge dismissed it, citing a 126-year old court ruling protecting federal officers from state prosecution in certain cases.