An attorney has filed a motion to dismiss a charge against a Mexican man arrested by a U.S. Marshals Service task force searching for a murder suspect in Jackson.
A Mississippi Bureau of Narcotics agent assigned to the force was grazed by a bullet during the Dec. 3 search of a home for a suspect who wasn't there.
Authorities say it appears the officer was shot by another agent.
Arturo Fomperosa Rodriguez, who was at the house, was charged with illegally possessing a gun.
Prosecutors say Rodriguez is in the U.S. on a temporary visa and can't have a gun.
Rodriguez's lawyer, Lisa Ross, argues in Tuesday's motion that Rodriguez is charged under a statute relating to people in the country illegally and that it should be dismissed.
Rodriguez was initially charged with assaulting an officer after being accused of pointing the gun at task force agents, but he wasn't indicted for that.
Michael Huff, a Hinds County deputy and Bureau of Alcohol, Tobacco, Firearms and Explosives task force agent, testified about the search during an initial appearance for Rodriguez on Dec. 4.
He said Rodriguez opened the front door of the house as officers were approaching, then he slammed it shut as he ran back inside.Huff said two officers went into a kitchen area where a sheet was hung in the door of an adjoining bedroom. He said the officers saw a silver pistol poking through the sheet, then opened fire. They found Rodriguez hiding under a bed. He was not hurt by the shots, but was treated and released for a head injury, authorities say.
The officer who was wounded was outside of the house, and the officers who opened fire where inside, authorities say.
The suspect being sought, who was wanted for a fatal shooting on Nov. 17, turned himself into police later that day.