ATLANTA (AP) — The former Atlanta police officer who fatally shot Rayshard Brooks is set to appear in court Tuesday to ask a judge to release him from jail while his case is pending.

Garrett Rolfe faces charges including felony murder in the killing.

Rolfe fatally shot Brooks in the back when Brooks fired a Taser in his direction while running away after a struggle on June 12.

Rolfe is white.

Brooks was Black.

Rolfe's bond hearing is set for Tuesday afternoon.

Felony murder convictions are punishable by a minimum sentence of life in prison.