Much of the arguments in Friday afternoon’s hearing focused on a gun found the day after Kepler’s arrest in a trash can inside the interview room where his daughter, Lisa Kepler, gave her statement to police. O’Carroll successfully lobbied to have a California-based laboratory of his choice take the gun for DNA testing, which he said should be completed within the next week.

District Attorney Steve Kunzweiler said he ordered the gun be tested after it became an issue in the Sept. 8 hearing, and that the report on it — completed Friday — returned no evidence relevant to the state’s case. He said he did not object to O’Carroll’s request for a third-party analysis but questioned “what rabbit trail this is going to go down.”

O’Carroll, in his arguments, alleged the gun could have been placed there out of the view of surveillance cameras because of the trash can’s position in the room. He said his client intends to present a self-defense case that will corroborate why there was a gun in the trash can.

In addition to a first-degree murder charge, Shannon Kepler faces two counts of shooting with intent to kill in connection with allegations he fired at Lisa Kepler and Lake’s 13-year-old brother, whose guardian has since filed a civil suit related to the incident.