INDIANAPOLIS (WISH) — Attorneys for Jason Brown, the man convicted of murdering Southport Police Lt. Aaron Allan, have asked the Indiana Court of Appeals to hold a new hearing in his case.

In 2022, Brown was convicted and sentenced to 55 years in prison for shooting and killing Allan in 2017.

Allan was responding to a car crash on Madison Avenue involving Brown’s BMV. Brown was hanging upside down in the driver’s seat of the rolled-over vehicle when Allan tried to help him. That was when Brown shot him.

The Marion County Prosecutor’s Office dropped its request for the death penalty in December 2021 in exchange for a judge, not a jury, to hear the case. The judge later ruled out the possibility of life without parole.

Court of Appeals rejected his claims in an opinion issued in October, after Brown argued that he was suffering the effects of a seizure when he fired the gun and did not intend to kill Allan.

The petition for rehearing claims investigators didn’t save a blood sample from the hospital the day of the shooting that the defense claims would have shown Brown was intoxicated at the time of Allan’s death, and thus not guilty of murder.

The petition for the rehearing can be read here.