FORT LAUDERDALE, Fla. (AP) — A hearing is resuming for a Florida sheriff’s deputy who seeking dismissal of a manslaughter charge by claiming he shot a man carrying an air rifle in self-defense.

Deputy Peter Peraza of the Broward Sheriff’s Office wants the case thrown out under the state “Stand Your Ground” law. A Broward County judge is scheduled to continue hearing testimony Monday.

Peraza testified that Jermaine McBean refused police commands to drop the weapon, then turned and pointed the authentic-looking gun toward the deputies in July 2014. Peraza fired three shots, killing him.

Peraza testified he did not see earbuds in 33-year-old McBean’s ears before the shooting. McBean’s family says he likely did not hear police commands because he was listening to music. McBean was black. The 37-year-old Peraza is white.

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