A judge will determine this week whether to drop charges against Punta Gorda Police Chief Thomas Lewis.

He’s facing culpable negligence in the fatal citizen’s academy training death of 73-year old Mary Knowlton. The officer who fired the fatal shot, Lee Coel, is charged with manslaughter and has been fired from the force.

Chief Lewis has been on paid administrative leave. In court Friday, Lewis’ attorney claimed there was no way to defend his client if the prosecution refused to say how they planned to try the case. A judge will decide at some point this week whether or not to dismiss the case.