A first degree murder trial in Creek County will move forward after a judge refused to dismiss the case.
Attorneys for Kenneth Smith argued the case meets stand your ground laws.
Thursday’s hearing is the latest in an effort by Kenneth Smith’s attorneys to get this case thrown out.
They argue Smith shot and killed a man in 2020 under the stand your ground law.
This all started last September when witnesses say Smith shot his stepdaughters boyfriend, Tyris Boyd, several times while at a party.
The prosecution says Boyd was unarmed at the time and was on the verge of leaving the property after being told to leave.
The defense however, says Smith had a reason to shoot him to defend his family.
They say other witnesses claim Boyd was threatening people at the house with a gun, and even pointed it at them.
They also say right before he was shot, Boyd reached into his car where they believe he had a gun saying he was going to quote “smoke everybody out here.”
Thursday, the judge ruled there were differing witness testimonies and so far there isn’t evidence to dismiss it meaning the first degree murder trial will move forward.
The defense also argued for a bond reduction; that too was denied.