A judge has ruled that "Stand Your Ground" immunity does not apply in the case involving Trevor Dooley.
Dooley is facing manslaughter charges in the shooting and killing of 41-year-old David James.
The two were arguing over a skateboarder on a Valrico basketball court in 2010.
To defend himself against the manslaughter charge, the 69-year-old man claimed the shooting was in self-defense.
Hillsborough Circuit Judge Ashley Moody disagreed Monday, saying James was not a threat to Dooley.
The prosecution cited several witnesses who said James was trying to wrestle the gun away from Dooley at the time of the shooting.
Moody wrote,"There was no reasonable belief that deadly force was required."
Dooley is still allowed to present any theory in his defense arguments.
No trial date has been set.
Dooley admits to shooting James, but claims he had no choice.