BIRMINGHAM, Alabama - A judge has dismissed a charge against a Homewood man who shot and killed another man following a fight that began with allegations of public urination.

Jefferson County District Judge Katrina Ross, in an order issued late Wednesday afternoon, dismissed the manslaughter charge against William Leigh Oliver. She stated in her order that she found no probable cause for the charge after reviewing the evidence presented by the prosecution.

Oliver, 28, of Homewood, had been charged in the Aug. 23 death of Cornigel Lafayette Murray at the Kangaroo Express in the 300 block of Robert Jemison Road.

A preliminary hearing was held Tuesday to determine whether there was probable cause to have the case against Oliver forwarded to a grand jury for possible indictment. Special Jefferson County District Court Judge Tommy McFarland, a local attorney sitting in for Ross that day, did not issue a ruling and said he would take the case under advisement.

Richard Jaffe, an attorney defending William Leigh Oliver said at the hearing that Oliver was fearful for his life and shot Murray in self-defense after Murray punched him. Deputy Jefferson County District Attorney Michael Streety said Oliver didn't respond appropriately and had "brought a gun to a fist fight."

Streety on Thursday declined comment regarding Judge Ross' decision to dismiss the charge against Oliver.

Jaffe issued the following statement to AL.com this morning:

"While it is rare for a case to be dismissed at the preliminary hearing, the Court in this case, with the entire unfortunate event captured on video, did exactly what the law required and found that there was no probable cause to on a charge of manslaughter."

"My client was in the process of filling up his car when a person he did not know violently assaulted him, knocking him to the ground for no apparent reason. As soon as he got up, the attacker and 2 of his friends were within 2 feet of him. Stunned and in fear of even greater harm, he shot once in self defense, as the law allows. He immediately called 911. His recorded statement to the police matched the video with precision. My client and his family deeply regret this tragic and painful loss."

According to testimony of Birmingham homicide detective Chris Lampley at the preliminary hearing the incident began when Murray and three others in a car pulled up to the gas pumps at the Kangaroo and saw a man - Oliver - urinating by the left side of the building.

When Oliver walked back to his car words were exchanged between Oliver and a few of the people in the group, Lampley said. A witness told police that Oliver told the group "what the 'F' are you looking at," he said.

Murray and two of the men in the group were by the pumps when the argument escalated and Murray punched Oliver. When that happened Oliver pulled out a gun and shot Murray once, the detective said.

The confrontation and shooting was caught on camera.