The man convicted of killing a Monongalia County sheriff's deputy is asking a judge to acquit him.
A Pennsylvania judge sentenced Jerod Green, 36, to spend 25 to 50 years in prison two weeks ago after a jury found him guilty of third degree murder, homicide by vehicle, homicide by vehicle while DUI, not heeding an emergency response vehicle, and failing to maintain a lane of traffic, and speeding.
Green's attorney filed a motion asking the judge to acquit Green of those charges. The suit claims that the state failed to produce sufficient evidence for those claims.
The suit claims that the jury was "swayed by sympathy for the victim" and that no "reasonable" jury would find Green guilty of those charges based on the state's evidence.
Green is currently serving his sentence in Pennsylvania, and still faces charges in West Virginia.
Green killed Sgt. Todd May in a collision February 18, 2012 during a DUI pursuit on I-79 less than a mile from the West Virginia border.