CHARLESTON, SC (WCSC) - The former North Charleston police officer charged in the death of a motorist who fled a traffic stop will be in court Tuesday as a judge hears motions ahead of a state retrial.
Michael Slager, 35, was charged with murder in the April 4, 2015, shooting of 50-year-old Walter Scott.
Slager's attorneys filed a motion to have the murder charge against Slager dropped. The defense claims after a mistrial was declared in his first trial back in December, jurors said they agreed Slager was not guilty of murder, and that retrying him on that charge would violate protections against double jeopardy.
State prosecutors want the judge to deny that request.
Slager's attorneys also want information from the state on all promises made to the man who shot cell phone video of the actual shooting.
Feiden Santana said he was walking to work the morning of the shooting and witnessed the incident, recording a portion of the encounter between Slager and Scott on his cell phone. After that video was released, Slager was terminated from the North Charleston Police Department and charged with murder.
Slager has argued that he and Scott wound up in a scuffle after Scott fled the traffic stop. Slager said Scott grabbed his stun gun, giving Slager no choice but to fire in self defense.