A Florida judge on Friday denied a “stand your ground” defense for a retired Florida police officer who fatally shot a man in a movie theater over texting, which means the 74-year-old could stand trial on second-degree murder charges.

Judge Susan Barthle ruled that Curtis is not immune from prosecution in the death of 43-year-old Chad Oulson. The shooting happened in a movie theater in a suburb north of Tampa in January of 2014 after the two men got into an argument because Oulson was texting his daughter’s day care during the movie previews.