Updated

The lawyer for a retired police captain accused of shooting and killing a man during an argument at a movie theater says he'll use Florida's "stand your ground" self-defense law to have charges dismissed.

The Tampa Bay Times reports the decision to pursue the strategy had been expected.

Seventy-three-year-old Curtis Reeves was arrested in 2014 on a murder charge after the shooting death of 43-year-old Chad Oulson during an argument over texting in the theater. Reeves' lawyer, Richard Escobar, says video from the theater will prove Oulson attacked Reeves first and that Reeves acted in self-defense.

If a judge determines the incident meets the "stand your ground" criteria, Reeves will be immune from criminal prosecution and civil action.