MIAMI (CBSMiami) — A South Florida man accused of murdering his ex-wife’s new husband in a jealous rage appeared in court Tuesday morning at hearing to determine whether a Miami-Dade judge will dismiss the case based on the “Stand Your Ground” law.

Cristobal Palacio, charged with murdering Paul Winter in 2008, testified he felt threatened because he claims he saw Winter reaching for something he thought was a weapon. Winter was unarmed but Palacio testified Winter had previously pulled a gun on him.

Winter was shot six times in the chest while he and Palacios’ ex-wife had gone to Palacios’ Kendall home to drop off his twin children for a court-ordered week of custody.

Palacios claims he acted in self-defense.

Florida’s “Stand Your Ground” law states a person does not have to retreat in the face of a threat and can use deadly force if fearing danger of death or serious harm.