Attorneys for Curtis Reeves Jr., the retired Tampa police captain arrested in a Jan. 13 movie theater shooting, are seeking surveillance video from inside Grove Cobb Theatres auditorium 10.
Richard Escobar filed a motion Monday to preserve and subpoena the footage, said Ron Stuart, spokesman for the 6th Judicial Circuit.
A hearing is set for 2 p.m. Thursday in Dade City.
Reeves, 71, has been in the Pasco County jail without bail since the shooting.
He is charged with second-degree murder in the death of 43-year-old Chad Oulson, a finance manager at Sky Powersports in Port Richey. Authorities say Reeves got irritated when Oulson refused to stop sending text messages to his 22-month-old daughter's caregiver during the previews.
Oulson, who was with his wife, Nicole, and Reeves, who was with his wife, Vivian, were there to see a matinee of the movie Lone Survivor.
Authorities said Reeves left briefly to complain to management but returned alone.
They said the men argued and Reeves pulled a .380 semi-automatic pistol from his pocket and fired, hitting Oulson in the chest. Reeves' attorneys say their client was hit with popcorn and "a dark unknown object" and felt threatened.
Mrs. Oulson, 33, suffered an injury to a finger of her left hand after she held it front of her husband, authorities said.