ATHENS, Ala. (WHNT) - The Limestone County District Attorney's office wants motions filed by Joel Moyers' defense team dismissed.
Moyers is charged with capital murder in connection with the shooting death of Brandon Hydrick in 2012.
In a pre-trial hearing last week the defense for Moyers asked a judge to dismiss the capital murder charge and to set bond. Moyers has been held without bond since his initial indictment in December.
Limestone County Assistant District Attorney Matthew Huggins filed a State Memorandum of Law in response to the defense's requests.
The state maintains the capital murder charge is valid and that Moyers should remain held without bond.
Moyers told authorities the night of the shooting that he fired a warning shot into the air at a truck in which Hydrick was a passenger and did not intend to kill him. However, Limestone County Sheriff Mike Blakely has said Moyers' claim was not supported by the trajectory of the bullet from the semi-automatic weapon, which struck the tailgate of the truck, went through the back seat and into the passenger seat, killing Hydrick. Brandon Hydrick was with his brother Ryan, 24, and the two were driving along rural roads at about 3 a.m. following a family cookout.
Moyers is scheduled to go on trial September 9th.