LAWRENCE, Kan. (AP) — A man charged in a deadly Lawrence shooting is arguing self-defense.

An attorney for Steven Drake III is asking the court to dismiss a first-degree murder charge in the September killing of Bryce Holladay.

The defense motion says Holladay was allowed into Drake’s duplex by his roommate. But Holladay appeared to be “tweaking” on meth and began rummaging through the house and stealing. The motion says Holladay punched Drake’s girlfriend as she and three others tried to push him out.

Drake says his use of deadly force was legal. But prosecutors argue that deadly force wasn’t reasonable because no one was at risk of great bodily harm or death. At the time, Holladay was awaiting trial in an unrelated auto burglary and theft case.