Nipsey Hussle’s alleged killer filed a motion to get his two attempted murder charges dropped.

Eric Holder, the man accused of fatally shooting Hussle on March 31st, was charged with one count of murder, one count of firearm possession by a felon, and two counts of attempted murder.

Holder’s attorney based the motion on the “kill zone theory.” Per USC Annenberg Media:

In order for the “Kill Zone” theory to apply when determining attempted murder, six factors must be proven: there is a primary target, type of weapon used, distance between the shooter and target, proximity to other victims to target, whether victims are in an enclosed area, and whether the target was moving in the attack.

According to the court transcript from the motion hearing on Oct. 9, the state of California believes “every factor identified by the court is present and favors the application of the ‘kill zone’ theory.”

Judge Robert J. Perry rejected the motion and said there’s enough to go to the jury.

“Mr. Holder got out of the car, immediately walked up to the group where Mr. Hussle … was, and they had a conversation,” Deputy District Attorney John McKinney said back in June. “That conversation is important because that conversation had something to do with Mr. Asghedom accusing Mr. Holder of snitching, which in the gang world is a very serious offense.”

Holder is spending his 30th birthday next week behind bars and is being held on a $6.53 million bond. Jury selection is expected to begin at the top of next year, and the trial is set for February.

Holder is facing life in prison.