The fate of a man on trial for killing his son-in-law is in the hands of a Butler County jury.
Prosecutors say Bobby White gunned down Aaron Ruboyianes at the Augusta Wal-Mart last March, after White lost custody of his grandson. White claimed Ruboyianes abused the child.
The judge is allowing the jury to consider the abuse claim. Under Kansas law if a killing is done in the defense of another person, the killing is justified. That means the jury could convict White on voluntary manslaughter, a lesser charge than first-degree premeditated murder.
The prosecutor wasn't happy about the judge's ruling, and spent most of her closing arguments trying to disprove it.
Prosecutor Jan Satterfield says White planned to kill Ruboyianes. But White's attorney says intent never entered his mind.
Defense attorney Amber St.Clair says, "People who premeditate murder and kill in cold blood don't go into a Wal-Mart and do it in front of God and all these different witnesses."
The jury will continue to deliberate the case Wedensday.