LOUISVILLE, Ky. (WDRB) – A Louisville man’s request to have his murder charge dismissed because he claimed he was acting in self-defense when he fatally shot another man at Café 360 in March has been denied by a judge.

Marquis Ward argued he shot and killed Theodore Brown on March 3, 2024, at Café 360 on Bardstown Road after Brown reached for his own gun, according to a motion made by defense attorney Rob Eggert.

Eggert said there is video of the shooting that proves it is a “clear case of self-defense,” according to court records. He said “there is no question that the deceased, prior to any shooting, punched the defendant. The deceased was armed and reaching for his gun.”

But on Tuesday, Jefferson Circuit Court Judge Sara Clay ruled that after viewing the available video, there is not enough evidence to dismiss the case.

Ward and his co-defendant, Dante Smith, “started and ended the fight” in which Brown was killed, Clay ruled.

“After a back-and-forth verbal argument, the first punch was thrown” by Smith when he hit another man sitting next to Brown, according to the ruling. Ward joined in “almost immediately” and “quickly drew his gun” while assaulting the other man.

When Ward drew his weapon, Brown backed away and “appeared to attempt to draw his own gun from his waistband,” Clay wrote. “While Brown may have been privileged to act in self-defense had he shot Ward, the reverse is not necessarily true.”

Prosecutors have said the four men got into a verbal argument and Brown hit Ward only after the two defendants started fighting his friend. Ward drew then drew his weapon immediately and shot Brown in the head, according to the prosecution. 

No trial date has been scheduled.

Earlier this month, a sign in the window of Café 360 said the space was "available for lease or sale" and outdoor furniture was sitting against the front door.

In June, a nuisance and abatement sign was posted after months of investigations into late-night violence and complaints from Highlands residents.

Investigators found Café 360 had been serving alcohol past the time their liquor license allowed. It also found the restaurant did not have adequate security and allowed customers to bring guns inside.

In March, Café 360 voluntarily gave up its liquor license after the fatal shooting.

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