OLATHE, Kan. (AP) — A judge has denied self-defense claims from one of four men charged in a fatal gunfight at a suburban Kansas City gun store.

De’Anthony Wiley, of Kansas City, Missouri, claimed that he was wounded and trying to surrender when Jon Bieker was fatally shot in January 2015 while defending his wife at the She’s A Pistol gun store in Shawnee, Kansas.

The Kansas City Star reports District Judge Timothy McCarthy on Tuesday denied Wiley’s self-defense claim. He it was Bieker acting in self-defense when he fired at Wiley and three other men trying to rob the store.

Johnson County prosecutors argued that Wiley fired after he was wounded and did not try to give up.

The four men are charged with attempted robbery and first-degree murder in Bieker’s death.