The Travis County District Attorney's Office filed a writ with the U.S. Supreme Court on Wednesday asking justices to overturn the ruling in the case of an officer-involved shooting that took place in Austin in 2013.
The case involves the fatal shooting of Larry Jackson Jr. who was shot by former Austin Police Department Detective Charles Kleinert.
Kleinert said his gun accidentally went off during a struggle with Jackson. After the shooting, a federal judge ruled that Kleinert had federal immunity because at the time he was working with a federal bank robbery task force.
That ruling prevented the DA's office from filing state charges against him. The DA wants that federal court ruling overturned so they can prosecute. The Austin Police Association told FOX 7 that they are confident the justices will side with the lower court's ruling.