On Friday, a Florida judge denied Curtis Reeves, 74, a “stand your ground” defense, which now means the retired Florida cop could face a trial for second-degree murder. Reportedly the incident occurred in a north Tampa Movie Theater on January 2014. Reeves started an argument with Chad Oulson, 43, because he was texting during the movie previews. Apparently, Oulson was sending his daughter’s day care a text message at the time the fight broke out. The two men were seated close to each other, with their wives, when the argument broke out during the film “Lone Survivor.” The argument ended with Reeves shooting Oulson dead.

Reeves is not immune from prosecution

As reported by CNN, the hearing has been running for two weeks, to decide whether Reeves should have to stand trial for his actions. Reeves said in testimony that he believed he was in a “life and death struggle.” Reportedly during the argument Oulson had thrown popcorn at Reeves. Reeves believed Oulson was a definite threat and that he was about to punch him and this is why he pulled out his pistol and shot the man.

However, the movie theater surveillance camera captured the moment of the shooting and on viewing the footage, the judge said it didn’t support Reeves’ testimony that he was in danger. ABC News reports the footage did show Oulson throwing the popcorn at the retired police officer and it captured the moment Reeves pulled out his pistol and shot Oulson in the chest.

Saying the evidence contradicted the defendant’s testimony, the judge said the logical conclusion was that Reeves was trying to justify his actions. Oulson’s wife was also injured during the shooting leading to another charge of aggravated battery for Reeves.

Reeves will be appealing the decision

Reeves’ defense lawyer, Dino Michaels, said Reeves will be appealing the ruling by Judge Barthle.

While not wishing to comment on the court order, the defense team said they are taking the next step available for Reeves. Meanwhile the attorney for Nicole Oulson said he and his client are both “thrilled” with the ruling. T.J. Grimaldi said the trial will probably only happen next year. Grimaldi said they believed Reeves’ defense was a bastardization of the “stand your ground” law, adding that someone throwing popcorn on someone else is not a reason to be shot dead.