The defense attorney for the man accused of shooting a fellow moviegoer during an argument over texting said he plans to interview Sheriff Chris Nocco, and possibly call him to testify.

Curtis Reeves Jr., 71, is set to stand trial on second-degree murder charges in the January shooting death of Chad Oulson. Investigators said the two men were arguing over Oulson's texting when Reeves shot him.

Attorney Richard Escobar said he plans to depose the sheriff, and his line of questioning will include an incident that happened in Zephyrhills earlier this month.

In that incident, undercover detectives shot and killed an unarmed man during an undercover drug deal. The deputies were cleared of any wrongdoing at the time.

Nocco said his officers were in fear for their lives and had to make a split-second decision.

Escobar points out Reeves was a trained police officer at one time.

"If they are trained to kill and use deadly force in a second, why can't he?" Escobar said.

When asked for comment, Nocco released the following statement:

"I am not going to comment on Mr. Escobar's defense strategy, however, I know our Pasco Sheriff's Office detectives will do an outstanding job presenting the facts in the courtroom."