A defense attorney says prosecutors have failed to prove that two officers committed a crime when they shot and killed a homeless man who appeared to be surrendering in body cam video.

David Roman made the argument Tuesday during a preliminary hearing. A judge is set to decide if the officers should stand trial.

Roman said case law protected the two officers because they made a split-second decision to shoot an armed man who had threatened other officers.

Special Prosecutor Randi McGinn argued that there is enough evidence to try Officer Dominique Perez and former Detective Keith Sandy in the 2014 standoff that left James Boyd dead.

The shooting of the 38-year-old Boyd, who police say suffered from mental illness, sparked angry protests in Albuquerque.