Topeka (WIBW) - A Shawnee County judge ruled Wednesday against prosecutors in saying she will hear from witnesses Thursday in deciding whether charges against a police officer go forward.

Judge Nancy Parrish will hold an evidentiary hearing Thursday morning in the case against Jason Judd. Judd is charged with aggravated battery for an off-duty shooting March 18, 2008, that injured two men.

A special prosecutor has filed a motion to dismiss the charges, saying it was self defense. But an attorney for victims Daniel and Devin Llamas says the case should go forward.

Parrish will make a ruling on the motion to dismiss charges sometime after Thursday's hearing.