Motions to dismiss charges against Michael Mau and Johnny Martinez, the two defendants, were filed by their defense lawyers. Judge George Abdallah will decide Monday in San Joaquin County Superior Court in Stockton whether the case will move forward to a trial, which is set for Sept. 20.
Mau, 24, faces one count of homicide, seven counts of attempted homicide, and several other charges stemming from the Oct. 10 shooting at Amore's that killed Naim Bey, 41, and wounded six others. He also faces gang enhancement charges.
Martinez, 25, faces charges of being an accessory after the fact, street terrorism and committing a crime for the benefit of a street gang.
Charges against a third defendant, Elvis Mendoza, were dropped in March, just a month after a preliminary hearing in which police and witnesses testified that the two still-accused men are known South Side Tracy Norteño gang members.
A fellow gang member and friend of Mau and Martinez also took the stand during the preliminary hearing and described the fight at the restaurant-turned-nightclub that prompted the fatal shooting. Several people who were wounded by gunfire that night and a gang expert from the Tracy Police Department also testified.
Two other defendants who will be tried separately also face accessory charges and are due back in court next month for a preliminary hearing.