MONTGOMERY, Ala. (AP) — A Montgomery police officer is seeking immunity from prosecution for the 2016 shooting death of a man.

Circuit Judge Greg Griffin has scheduled a Sept. 19 hearing on the request by officer Aaron Smith.

Smith faces murder charges in the 2016 shooting death of 58-year-old Greg Gunn. He is scheduled to go on trial in October.

Defense lawyers argued Smith was acting in self-defense, and in his official capacity, when he shot Gunn and should be immune from prosecution.

The confrontation began when the officer stopped Gunn, who was walking through his neighborhood shortly after 3 a.m.

Friends said Gunn was walking home from a weekly card game and was killed near the house he shared with his mother. Defense lawyers say Smith stopped Gunn because he was acting suspiciously.