Following the trial court’s denial of his motion to dismiss the indictment due to a speedy trial violation, Raymond S. Bunn appeals, contending, among other things, that an unduly lengthy pre-indictment delay impinged on his Fifth Amendment right to due process.1 For the reasons set forth below, we affirm in part and remand in part with direction. The record shows that, on July 14, 2002, Bunn, a City of Atlanta police officer, was on routine patrol with his partner. Upon spotting an apparent vehicle break-in, the officers moved their vehicle so as to block one of the exits from the parking lot where the break-in was allegedly taking place. The alleged burglar jumped into a van, which began to move toward the officers, who were shouting for it to stop. The van continued toward the officers, and Bunn shot and killed the van’s driver, Corey Ward. Approximately three and one-half years later, on December 9, 2005, Bunn was indicted for murder and other charges stemming from this incident.
On July 21, 2006, Bunn filed numerous pre-trial motions, including a Motion to Dismiss Indictments Due to a Violation of Defendant’s Constitutional Right to a Speedy Trial and a Motion for Immunity from Prosecution. On May 29, 2007, the trial court denied Bunn’s immunity motion. Following a hearing at which Bunn exclusively argued that his Fifth Amendment due process rights were violated by pre-indictment delay, on June 5, 2007, the trial court denied Bunn’s motion to dismiss due to a violation of his speedy trial rights. In order to file an interlocutory appeal, Bunn subsequently requested a certificate of immediate review of the ruling on his immunity motion. This request was denied on June 12, 2007. Bunn then filed an application for discretionary appeal of the immunity issue with this Court, asking that his discretionary appeal be considered pursuant to Waldrip v. Head , 272 Ga. 572 532 SE2d 380 2000. On July 20, 2007, this Court dismissed Bunn’s application, finding that his requested appeal did not meet the standards set forth in Waldrip and that he had failed to follow the appropriate procedures for filing an interlocutory appeal. Thereafter, Bunn timely filed this direct appeal.
