Lamar Wilson cannot use Iowa's "stand your ground" law to avoid a trial for a deadly shooting on Iowa City's pedestrian mall, a judge ruled Friday.

Wilson had been hoping to have the case dismissed before trial by claiming immunity from prosecution under "stand your ground" — one of the first tests of the scope of the law, which took effect July 1 — but Sixth Judicial District Judge Paul Miller said Friday that Wilson's case must first be heard by a jury.

Wilson's lawyers argued that a section on immunity from criminal or civil liability in the "stand your ground" legislation meant Wilson should be able to avoid prosecution.

They had asked for a special evidentiary hearing before trial to present their evidence and said if a judge found the shooting to be justified, he should dismiss the case.

Having such a hearing would give a defendant "a preview of the state's case against him" if the case were not dismissed, Miller wrote in his ruling, which could lead to abuse of the immunity provision in the law.

Once the jury returns a verdict, Miller will make his ruling on the immunity issue based on the evidence presented at trial, he said in Friday's decision, citing State v. King, a 1989 Iowa case that followed a similar process.

His decision on immunity will be based on a "preponderance of the evidence" standard, rather than the standard of "beyond a reasonable doubt" that a jury is required to adhere to, Miller said in the ruling.

Waiting to decide the immunity issue until a jury has weighed in will not prejudice either side, and will allow the prosecution and defense to lay out their arguments with all the evidence available to both sides, Miller said in the ruling.

The Aug. 27 shooting on the crowded ped mall half an hour before bar close killed 22-year-old Kaleek Jones of Iowa City and sent two other men to the hospital. An autopsy found Jones died from a gunshot wound to the back and neck.

Wilson, 23, of Iowa City faces charges of first-degree murder, attempted murder, intimidation with a dangerous weapon and criminal gang participation.

He faces life in prison without the possibility of parole if convicted of the murder charge, as well as 25 years each for two attempted murder charges, 10 years each for three intimidation charges and five years for the gang participation charge. He has pleaded not guilty.

Wilson's lawyers argue he was justified in carrying out the shooting since he was defending himself from gunfire from a group of people from Cedar Rapids. The law states that no crime occurred if he was justified in the shooting, they argued.

Police have said Wilson had a valid permit to carry firearms at the time of the shooting.

Prosecutors said the law does not allow a judge to grant someone immunity from prosecution and that the facts need to be decided by a jury at trial.

Prosecutors also said Wilson's lawyers were misinterpreting the statute and that immunity from liability for "damages" refers to monetary damages, protecting someone from being sued if they were found to be justified in using deadly force. The law does not create a generic immunity from prosecution, they argued.

Miller said he considered "stand your ground" cases from other states, including Kansas, Alabama and Florida in making his ruling. He noted that Iowa has no case law on the statute to reference, and that the law does not lay out a procedure for applying immunity.

"In each of these cases, the trial courts held pretrial evidentiary hearings on requests for dismissal of the criminal charges on grounds of immunity, based on 'stand your ground' laws enacted in those states," Miller wrote. "However, in these states, the statutes specifically provide for immunity from criminal prosecution, not criminal liability, which is the language the Iowa statute utilizes."

Iowa's "stand your ground" law states that law-abiding people do not have to retreat before using deadly force to defend themselves if they believe their life is in danger — even if they are wrong in perceiving the danger faced, as long as the belief is "reasonable."

Miller on Friday also said Wilson's trial would begin Nov. 27 in Polk County, after Wilson had asked to move the trial out of Johnson County due to extensive publicity.

Miller has not issued a ruling on a motion to have the criminal gang participation charge tried separately. Wilson's lawyers have said it isn't connected to the other charges and would prejudice the jury against Wilson.

Wilson is being held at the Johnson County Jail while he awaits trial.

Reach Stephen Gruber-Miller at 319-887-5407 or sgrubermil@press-citizen.com. Follow him on Twitter: @sgrubermiller.