KTKA

Judge Nancy Parrish ruled she would take the case of Jason Judd, the police officer who shot two brothers last year, under advisement and make a decision in a few weeks on whether the case would be dismissed and all charges would be dropped against Judd. Judd is charged with shooting two Daniel and Devin Llamas. One charge, aggravated assault was dropped against Judd Thursday but he still faces charges on two counts of aggravated battery and misdemeanor trespassing. Daniel Llamas did not appear in court Thursday because he is in the hospital.

The first two witnesses who were called were Detective James Mummey and Lt. Phil Higdon of the Shawnee county Sheriff's Department. Pedro Irigonegaray, attorney for the Llamas brothers, called them to the witness stand. Mummey was on the stand for about two hours. He said he felt everything he put in his affidavit was correct. He also said an open beer can was found in Judd's truck outside the Llamas brothers' home and Judd received no charges for that offense.

Next Scott McIntyre took the witness stand . He is a patrolman and was working the night of the incident. Judd brought McIntyre food around 1 a.m., right before the shooting, at the Kelly Express. McIntyre was asked if he thought Judd was intoxicated or if he smelled of alcohol and McIntyre said no.

Travis Jepson, one of the four officers who was with Judd the night of the shooting, took the witness stand next. He claimed the men were in fear of their lives and he was worried he was going to be shot by Devin Llamas. Irigonegaray asked him if the men had been out drinking and carrying their firearms the night of the shooting. Jepson said they were but were never intoxicated through the night so they were in their complete rights to be carrying their weapons, he said. Tom Lemon, Judd's defense attorney, asked if the officers had ever identified themselves. Jepson said they did not but said they were not trespassing because they were never asked to leave the property. He also said someone at Llamas house lit a cigar for Chris Bowers, another one of the officers who was there the night of the shooting. Jepson went on to explain people at the Llamas house yelled expletives to one of the officers when she asked them to turn down their music. After that they started yelling and Jepson claims they "rushed" the female officer.

Angel Rivera, the mother of Daniel Llamas' children also took the stand. She said she never saw Daniel Llamas take a gun outside of his home but he told her later he had. She also said there were two weapons inside her home at the time but only one of the guns was brought outside the house.

Judge Parrish says she hoped to sent out a statement in a few weeks on her decision on whether the case will be dismissed.