Topeka, Kansas (WIBW) - Judge Nancy Parrish listened to arguments Thursday morning in the evidentiary hearing in the case against Topeka Police officer Jason Judd.

The hearing is being used to determine whether charges should be filed against Judd in the shooting of two people at a party, Daniel and Devin Llamas

Judge Nancy Parrish dropped one charge against Judd at Special Prosecutor Cindi Carle's request. The charge was a felony of aggravated assault. Judd is also charged with two counts of aggravated battery and one count of criminal trespass.

Just before noon on Wednesday Defense Attorney Tom Lemon asked Judge Parrish to dismiss the case against his client, Jason Judd. Special Prosecutor Cindi Carle agreed.

Pedro Iregonegry, attorney for the Llamas brothers, said that enough evidence had been presented to warrent a trial and that to stop now would not be in the persuit of fairness to all parties. He reminded Judge Parrish that the two witnesses who had taken the stand so far, Detective James Mummey and Lt. Phil Higdon, stood behind their investigation and the affadavit they presented to then District Attorney, Robert Hecht.

Here are some of the arguments heard in court Thursday morning:

-Judge Parrish heard from the lead detective on the case, James Mummey from Shawnee County Sheriff's Office. Mummy testified that he wouldn't have filed any charges but the District Attorney at that time, Robert Hecht, asked him to.

-Special Prosecutor Cindi Carle still maintains there's not enough evidence to prosecute Judd. Carle says Judd was fighting for his life when he pulled his weapon.

-Jason Judd said in a statement it scared him more than being in combat. Carle says Judd did not fire his weapon until he was starring down the barrel of Llamas'.

-Pedro Irigonegaray, attorney for the Llamas brothers, made the claim Thursday morning that there is enough evidence to go to trial. He claims that Judd had an open container in his vehicle the night of the incident and had been drinking prior at a Fraternal Order of Police party. A detective backed up those claims.

-Mummey also claimed Judd's blood alcohol level wasn't checked until 10 hours after the shooting that night.

-A claim was also made in court Thursday that the first thing done when police arrived on scene was a request over the police radio to get Judd a lawyer. Topeka police were reportedly on the phone searching for a lawyer at their headquarters.