29-year-old Benji Martin Jr. is accused of shooting and killing Officer Roger Smith, 59, at WakeMed Healthplex on Nov. 9. He made his first court appearance on Nov. 24.
Court documents obtained by ABC11 show his defense claims he went to the hospital to get help for his mental health. It also states that Martin's fiancée had a miscarriage with twins, and that he was not armed when he was at the hospital.
Man accused of killing WakeMed officer makes first court appearance
Two of Martin's friends, who took him to the emergency room, told investigators that Martin had used gummies in the past, according to court docs.
Martin also worked at Carol-Indica, a THC and hemp dispensary. Police are seeking surveillance footage from the dispensary to observe Martin's demeanor and mannerisms the day before the shooting.
In court, the district attorney's office did not provide any further details on what may have happened that day that escalated into a shooting between Martin and Smith.
The Martin family and supporters contend law enforcement has said there is surveillance footage from the incident that details the sequencing of events, and according to court filings, the family claims they have yet to see the footage.