And the judge had his mind made up evidenced by the fact that he said the hearing was over, and almost stood up to leave when the defense attorney politely asked the judge was he not going to hear arguments. The judge laughed, "oh yeah, you want to make an argument? By all means, go ahead." The defense did make an argument - not that the sheriff should be excused and sent free, but that the snippet of the video did not include what led up to the shooting and it, in his opinion, was not first degree, but rather a lesser degree. Judge quickly stated his decision to go forward with first degree and closed the hearing.