DADE CITY (CBSMiami/AP) — An attorney for a retired police captain charged in a deadly movie theater shooting is trying to get him released on bail.

A lawyer on Curtis Reeves’ legal team has filed a petition asking the 2nd District Court of Appeal to overturn a judge’s ruling and allow Reeves to be released until trial on second-degree murder and aggravated battery charges.

Reeves has been in the Pasco County jail since January 13the, when authorities say he shot fellow theater patron Chad Ouslon at the theater in Wesley Chapel in argument over texting.

The bullet hit the 43-year-old Oulson in the chest and grazed the left ring finger of his wife, Nicole.

Reeves’ attorneys maintain he acted in self-defense.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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