LAFAYETTE, La. (AP) — A state district judge has denied a defense attorney's attempt to sever a case involving two brothers charged in the August 2008 killing of a man outside a Lafayette convenience store.

The Advocate reports that Michael Joseph Francis and James Roy Francis are charged with second-degree murder in the August 31st, 2008, shooting death of Qaher Abualoff.

An attorney for Michael Francis filed a motion to toss out the indictment against his client, arguing that surveillance video and other evidence allegedly shows that Michael Francis was completely unaware that another perpetrator was going to kill the victim.

Police alleged at the time James Roy Francis was the shooter, and Michael Francis was present and later drove his brother away from the scene.

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