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FILE - In this Jan. 5, 2019 file photo, Nashville Police Officer Andrew Delke sits with his attorney John M.L. Brown at the second day of his preliminary hearing at the Justice A.A. Birch Building in Nashville, Tenn. Delke, charged with fatally shooting an armed black man from behind, is appealing after a judge denied his request to draw the jury from outside the area. In Davidson County Criminal Court on Monday, Dec. 16 defense attorney David Raybin said his client shouldn't have to contend with the publicity that the July 2018 fatal shooting of 25-year-old Daniel Hambrick has received. (George Walker IV/The Tennessean via AP, File)

NASHVILLE, Tenn. (AP) — A white Nashville police officer charged with fatally shooting an armed black man from behind is appealing a judge's decision denying his request to draw a jury from outside the area.

Defense attorney David Raybin said in court Monday that his client, Officer Andrew Delke, shouldn't have to contend with the publicity that the July 2018 shooting of 25-year-old Daniel Hambrick has received.

Delke's defense contends that news coverage has influenced prospective jurors in Nashville, putting his fair trial rights at risk. He made his request in Davidson County Criminal Court.

Last month, Judge Monte Watkins denied the motion for a different jury pool, saying the court can assemble a jury in Nashville that will be "fair and impartial" to consider Delke's charges.

Watkins on Monday allowed an appeal of that decision to move forward. A trial date still hasn't been set.

The defense has argued Delke followed his training and state law in shooting after seeing Hambrick had a gun. Prosecutors have said Delke could have sought cover and summoned help. They noted that Hambrick was shot from behind.

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