Topeka (WIBW) - Shawnee County District Court Judge Nancy Parrish has set a hearing to decide if the criminal case against a Topeka Police officer will go forward.

Jason Judd is charged with aggravated battery for an off-duty shooting March 18, 2008, that injured Daniel and Devin Llamas.

Judge Parrish conducted a telephone conference with attorneys Tuesday and ordered an evidentiary hearing for 9 am, July 2nd on a motion to dismiss charges. A special prosecutor in the case motioned to dismiss the case, saying evidence shows Judd acted in self-defense. However, an attorney for the Llamas brothers ojected, saying the case should at least proceed to preliminary hearing so evidence can be heard.

After the hearing, Judge Parrish will decide if Judd's case will proceed to preliminary hearing.