TUSCALOOSA, Ala. (WIAT) — Former Alabama basketball player Darius Miles’ attorney has asked a judge to consider dismissing the capital murder charge Thursday afternoon.

Defense attorney Mary Turner filed motions to Judge Daniel Pruet for an immunity hearing and to dismiss the charges against her client, stating in her motion that Miles is immune from criminal prosecution “based on a theory of self-defense.”

She said in a previous hearing that Cedric Johnson and others intended to hurt Michael Davis and that Miles felt they were in danger when he gave Davis his pistol.

Turner’s motions aligned with previous arguments she’s made that Johnson fired the first shot that night and Davis was returning fire in self-defense.

Her motions ask Pruet to consider the defense’s arguments and evidence and rule whether Miles is immune from prosecution because of self-defense.

Read the full motion down below: