The defense team for 60-year-old Walton Henry Butler wants the case thrown out, based on justifiable use of force under Florida's “Stand Your Ground” law.
Butler's attorney argues that because Butler used justifiable force, he is immune from prosecution.
The defense claims Butler feared retaliation from 32 year old Everett Gant, for using a racial slur in front of neighborhood children.
Butler faces second degree murder in the death of Gant, who died in September.
Butler allegedly shot Gant with a 22-caliber rifle on July 30th, after police say Gant confronted Butler at his home.