More than two months after a circuit judge denied him bail for shooting a man to death in a Wesley Chapel movie theater, Curtis J. Reeves, Jr., is taking his case to an appeals court.

According to court records, Reeves’ attorney Frances Martinez filed a Criminal Habeas Corpus Petition in the Second District Court of Appeals on April 21, to release Reeves, 71, on his own recognizance or set a reasonable bond amount.

Reeves originally was denied bond on February 7 by Pasco Circuit Judge Pat Siracusa, who said that although it was not a verdict, he was not granting bail to the accused Grove 16 Theater shooter, who is charged with second degree murder and aggravated battery.

Reeves pled not guilty to the charges of the murder of Chad Oulson, 43, of Land O’Lakes, who was texting his daughter’s babysitter before a matinee showing of “Lone Survivor.” Oulson was seeing the movie with his wife, Nichole.

Reeves reportedly asked Oulson to stop texting repeatedly and even informed theater management. Surveillance video from the scene of the crime shows Oulson standing up and turning around before Reeves pulled out a .380 handgun and shot him. The bullet also grazed Nichole Oulson’s finger.

Reeves claims that he shot Oulson in self-defense. The trial is begins on July 9.

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