A judge has ruled that a white former Atlanta-area police officer who fatally shot an unarmed, naked, mentally ill black veteran isn’t entitled to immunity based on self-defense.

Lawyers for Robert Olsen had argued he had the right to act in self-defense and that the charges against him should be dropped. Olsen faces charges including felony murder in the March 2015 death of 27-year-old Anthony Hill, whose family has said he was a U.S. Air Force veteran who struggled with mental health problems.