Former San Diego sheriff’s deputy asks federal judge to delay retrial, citing Minnesota officer-involved shootings

Request targets jury selection timing in long-running civil-rights prosecution

A former San Diego County sheriff’s deputy charged in federal court with violating a man’s civil rights by fatally shooting him as he ran away has asked a judge to postpone his upcoming trial date, arguing that recent, widely covered federal shootings in Minnesota could make it harder to seat an impartial jury.

The defendant, Aaron Russell, is accused of using excessive force in the May 1, 2020, shooting death of Nicholas Bils, 36, near the San Diego Central Jail. Federal prosecutors allege Bils was unarmed and fleeing when Russell fired multiple shots without warning. Russell has denied wrongdoing and has said he believed Bils posed a threat during the brief chase.

How the case reached federal court after state proceedings

The federal case stems from a two-count indictment returned in San Diego in May 2024. The charges allege deprivation of rights under color of law and use and discharge of a firearm during and in relation to a crime of violence, offenses that carry the possibility of a life sentence if Russell is convicted.

Russell was previously prosecuted in San Diego County Superior Court after initially facing a murder charge. The case concluded with a voluntary manslaughter plea and a sentence that included local custody and probation. Separate from the criminal cases, Bils’ family filed a wrongful-death civil lawsuit that was resolved through an $8.1 million settlement paid by San Diego County in 2022.

Prior federal trial ended without verdict

The request for a delay comes in a case that has already undergone one federal trial. In June 2025, jurors were unable to reach a unanimous verdict, and the court declared a mistrial. That outcome left prosecutors the option to retry the case, setting the stage for new scheduling disputes and renewed arguments about what jurors can fairly consider after years of public attention.

What the delay motion argues, and what prosecutors say in response

In the new filing, the defense points to public reaction and extensive media coverage surrounding recent federal shootings in Minnesota and contends the resulting atmosphere could complicate the selection of unbiased jurors in San Diego. The defense is seeking a continuance that would move jury selection and testimony further into 2026.

Prosecutors have opposed delaying the trial, arguing that generalized publicity about unrelated incidents is not, by itself, a sufficient basis to postpone proceedings and that standard safeguards—such as juror screening during voir dire and judicial instructions—can address concerns about prejudice.

Key facts the jury will be asked to evaluate

• Whether Bils was unarmed and posed an immediate threat when he ran from officers.
• Whether Russell gave warnings or used available alternatives before firing.
• Whether Russell’s stated perception of danger was reasonable under the circumstances.
• How to weigh testimony from other officers present at the scene.

The judge’s ruling on the continuance request will determine whether the retrial proceeds on the current schedule or is pushed back to a later date.

A decision on the motion is expected after further court filings and a hearing date set by the presiding judge.