ST. AUGUSTINE, Fla. — Is it murder or self-defense?
In a hearing that continued Tuesday, a judge must decide whether Luis Casado should be granted immunity for shooting and killing a man outside of a Dos Gatos in St. Augustine last May.
Casado says he was attacked by Adam Amoia, the man killed in the shooting.
Casado's attorney says he did have a concealed weapon permit when he shot Amoia.
On Tuesday, several former Dos Gatos employees and friends of Amoia testified.
Amoia's friend Ryan Barnes says Casado walked up to the group outside the bar and began talking to them. He said the men didn't want him around and Amoia was asked him to leave and got aggressive.
"I looked up from my phone and I thought I heard a slap or smack or something. I looked up and I thought Felix slapped him because I saw Felix standing next to him. I saw Felix hitting him again and that's when Adam walked over and started slapping him around," Amoia's friend Evan Moore said.
Barnes says some of the men were making fun of Casado's shoes. In the surveillance video, you can see Barnes start to walk away from the group, he says he was laughing at Casado but walked back to tell Amoia to let it go.
"By the time I turned around I was already around the corner and I heard a gunshot. The first two sounded so close, I ended up ducking between two cars because when I heard my name it sounded like someone was standing behind me," Barnes said.
Former Dos Gatos employees remember Amoia as a regular customer and say both he and Casado were there but never interacted.
Chief Medical Examiner Dr. James William Fulcher says Amoia was shot five times. He says multiple bullets injured his lungs but could have been survivable. Fulcher says only one shot, through his heart was fatal.
The state has the burden of proof to show Casado's actions were not in self-defense. The third day of testimony continues Wednesday.