Transcript for Alleged Theater Gunman's Lawyer: 'Don't Rush to Judgment'
points after the scandal, but it still stands ats at 55%. The retired police captain charged with killing a man who wouldn't stop texting is behind bars this morning. Abc's steve osunsami has the story. Reporter: He's the retired tampa police captain charged with second degree murder making his first court appearance in a thick green bulletproof vest designed to protect and restrict high-profile defendants. What I ask the public not to rush to judgment. This individual was a decorated former law enforcement officer. Reporter: Police say 71-year-old curtis reeves began arguing with the man sitting in front of him at a showing of "lone survivor" and then shot him dead because he wouldn't stop texting. His family and longtime supporters from the law enforcement community packed the courtroom but the judge ordered him held without bond. He did not enter a plea. The evidence of guilt is significant. Reporter: Police say reeves shot and killed 43-year-old chad oulson seen in this video from 2011 and say he wounded oulson's wife nicole who tried to block the gunshot. They have a young daughter and this morning we're learning he was texting their baby-sitter. Lawyers for the retired officer are invoking florida's controversial stand your ground law. The police report saying reeves told them he was in fear of being attacked. He was hit with -- in the face with an unknown object. At that point in time he has every right to defend himself. Reporter: But witnesses tell police reeves was struck with a bag of flying popcorn. Working with our state attorney's office, it was determined that the tan your ground case, no, does not fly here in this case. Reporter: This morning police are also looking into a tip they received about a similar incident allegedly involving reeves. He gets up. He's like, can you do me a favor, can you please just stop texting. Reporter: This woman says the tip was from her. She claims reeves berated her for texting during a film at this same theater in december. Police are telling us they can't confirm whether reeves went after this family or any other. They say it's another reason they need to comb through the surveillance tapes they've obtained from and outside this theater.
This transcript has been automatically generated and may not be 100% accurate.