OLATHE, Kan. (AP) — A judge has denied self-defense claims from one of four men charged in a fatal gunfight at a suburban Kansas City.

De’Anthony Wiley, of Kansas City, Missouri, claimed that he was wounded and trying to surrender when Jon Bieker was fatally shot in January 2015 while defending his wife at the She’s A Pistol gun store in Shawnee, Kansas.

The Kansas City Star reports District Judge Timothy McCarthy on Tuesday denied Wiley’s self-defense claim. He it was Bieker acting in self-defense when he fired at Wiley and three other men trying to rob the store.

Johnson County prosecutors argued that Wiley fired after he was wounded and did not try to give up.

The four men are charged with attempted robbery and first-degree murder in Bieker’s death.

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OLATHE, Kan. (AP) — One of the four men charged with first-degree-murder in the killing of a suburban Kansas City gun store owner is arguing that he acted in self-defense.

The Kansas City Star reports that De’Anthony Wiley, of Kansas City, Missouri, says he was wounded and had tried to surrender when 44-year-old Jon Bieker was fatally shot while defending his wife. She suffered minor injuries during the January 2015 robbery at the couple’s Shawnee, Kansas, store.

Video of the fatal shooting was shown Monday during a hearing in Johnson County District Court.

Co-defendant Nicquan Midgyett, who also was wounded, is joining Wiley’s motion seeking immunity from prosecution for murder.

Johnson County prosecutors argue that the men cannot claim self-defense because they instigated the confrontation. No ruling has been made.