A man accused of involvement in the shooting of protesters outside Minneapolis police precinct in November asked a judge to throw out charges against him.

Daniel Macey and three other men went to the North Side precinct to film an encampment assembled to protest the death of 24-year-old Jamar Clark, who was shot and killed by police during a struggle. Macey’s attorney, Ryan Garry, filed a motion to dismiss charges Thursday, alleging there is no evidence to back the rioting charges against him and two others.

Allen “Lance” Scarsella was charged with shooting five protesters. None of the injuries were life threatening.

In the 14-page motion filed in Hennepin County District, Macey said one of the defendants was punched in the face before shots were fired in self-defense. According to police interviews with several protesters, they were upset that the group was filming the protest and that “they were up to something,” the motion said.

Protesters chased them away from the encampment, even as one of the men was seen in a video putting his hands in the air and attempting to walk away. Other interviews with protesters said they “wanted to beat their asses” because they were white and that it was rumored the men were either KKK or police, the motion said.

Macey, who has been released on bail, is Asian-American, the motion said.

Macey has his next court hearing on Monday.