The attorney for the accused Bourbon Street shooter will try to get his client's bond lowered on Friday.
Martin Regan says he has compelling evidence that Trung Le was not the aggressor in the shootout, and that he did not fire the shot that killed a college student.
Regan states that video he received from the district attorney's office clearly shows the second shooter, a man walking down Bourbon Street at 2:45 that morning slinging a gun in his left hand.
Regan says the video shows the same man approaching Le and his friends, raising his gun in the air. After that, he says you can see him open fire.
"The second shooter is right here, pointing his gun down the street, shooting at everyone he can on the street, shooting wildly down the street," said Regan.
At some point, Le does shoot at the other gunman. Regan argues it was only in self defense and that he was actually near 21-year-old Brittany Thomas when she was killed.
Nine others were wounded that night. But Regan says his client did not hit anyone. He points to a ballistics report obtained by FOX 8.
"The bullet that killed Miss Thomas was a 40 caliber bullet. An examination of the evidence shows the second shooter, man presumably still loose on the streets, was shooting a 40 caliber weapon. Le used a 9 mm in self defense," said Regan.
Le is charged with manslaughter and one count of attempted murder. He pleaded not guilty and his bond is set at one and a half million dollars.
The bond reduction hearing is set for Friday morning.