HUNTSVILLE, Ala. (WHNT) — Attorneys for Warren Hardy’s motion for acquittal in the case, citing a lack of evidence proving his guilt beyond a reasonable doubt, has been dismissed.

Court records filed Tuesday by defense attorney Larry Marsili said the state has failed to offer any evidence from which a jury could find Hardy guilty of killing Kathleen Lundy.

The motion also disputed Hardy’s charge of domestic violence/aggravated stalking, saying the protection order his ex-girlfriend, Jessica Holtcamp, had against him wasn’t valid on the night of the alleged incident since he wasn’t served with it until he was in custody in Tennessee.

Records also indicate Hardy was not given sufficient notice of the protection order, which would mean any evidence before he was notified are not relevant, the defense says.

According to the motion, Marsili says Hardy should also be acquitted on both of the first-degree kidnapping charges since they refer to the domestic violence charges.

As for the charge of shooting into an occupied vehicle, the motion says that the state alleged Hardy acted in both “intentional and reckless” conduct – those terms conflict with each other, the defense says.

In closing arguments Tuesday, Marsili specifically called to question the intent of Hardy in the shooting death of Lundy which the jury will use to determine the capital murder charge, saying the shooting was accidental.

Judge Comer dismissed the motion and charged the jury with instructions Wednesday morning at the Madison County Courthouse.