Former Palm Beach Gardens Officer Nouman Raja's attorneys have filed a motion to dismiss the charges against Raja under the 'Stand Your Ground' law.
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Raja was charged with manslaughter and attempted murder charges in the shooting death of Corey Jones in October 2015.
Court documents were filed Thursday.
In the motion Raja's attorneys said, "This is a classic case of self-defense. Officer Raja faced a man who pointed a gun at him, and did what any citizen is entitled to do: he defended himself."
Investigators said Corey Jones' car broke down on the off ramp from Interstate 95 to PGA Boulevard.
In the early morning hours, investigators said Nouman Raja, driving an unmarked vehicle in plain clothes, approached Jones while he was stranded.
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Raja told investigators that Jones confronted him, so he shot Jones multiple times.
During the course of the investigation, investigators learned Jones' body was found a significant distance away from Jones' gun, which he had obtained only days prior to the shooting.
Investigators also said Raja lied during his interviews.
Raja's attorneys refute that, saying "after over two years of investigation the state has no evidence as to where Corey Jones was when he was shot, what position Corey Jones was in when he was shot, what Corey Jones was doing when he was shot, which of the six shots fired struck Corey Jones, which of the six shots caused his death, and which of the six shots caused the injuries to Corey Jones' arms."
CJ Jones, Corey Jones' brother, hopes this motion by Raja's attorneys will not cause a delay in trial. He believes it is an effort by Raja's attorneys to buy more time or to try to change the story.
"If this was a case of stand your ground, he should have come out with this in the beginning. You wait two years to change your story up? From the beginning, you lied, lied, lied to every body. So, why should we believe your story now?" Jones said. "I don't think it's going to work."
Raja was not wearing a body camera and did not have a dash camera.
Raja's attorneys did say "the events leading to the early morning shooting began well before the fateful moments during which it occurred" and cited the detail Raja was on as an officer, which included him working in plain clothes.
Raja had a previously scheduled hearing next Wednesday. No word on whether a "stand your ground" hearing will be granted. Raja's trial is set for April.
