Emporia ? The Kansas Court of Appeals has ruled that an Emporia man should stand trial for his brother’s shooting death.

The court’s ruling last week reverses a Lyon County District Court decision in May 2015 dismissing a manslaughter charge against Sony Uk.

Prosecutors say Uk shot his brother, Viseth Ear, three times because Ear was attacking their mother.

The Topeka Capital-Journal reports the appeals court ruled that no evidence existed that Uk knew his mother was facing imminent death or great bodily harm, which is required under Kansas’ “stand your ground” law. The law allows deadly force if someone believes it’s necessary to prevent imminent death or great bodily harm.

Two judges noted that Ear stopped hitting his mother after one shot was fired but Uk fired two more shots.