CLAY COUNTY (KFDX/KJTL) — The attorney for a man charged with shooting a Clay County deputy at the Jolly Truck Stop last year is trying to get his trial moved out of Clay County.

Attorney Mark Barber filed for a change of venue to Tarrant County for Josh Green’s trial for aggravated assault of a peace officer. No ruling on the motion has been made at the last report.

Clay County emergency medics responded to the scene of a shooting on August 16, 2021.

Green has been in jail for 429 days awaiting trial for the shooting of deputy Breanton Chitwood on August 16, 2021.

Officials said Chitwood was saved by his protective vest. He was shot after stopping a car for speeding on U.S. 287 in Jolly. As the suspect sped off, Chitwood returned fire.

The white Cadillac was found in Wichita Falls and Green was arrested after a short foot chase in Arlington, less than 40 hours after the shooting.

Chitwood returned to duty soon after.