GREENSBURG, Pa. (AP) — A judge has ruled that prosecutors will be allowed to seek a first-degree murder conviction against a man accused of killing a sleeping woman by firing several shots into a western Pennsylvania home in the mistaken belief that someone inside was part of a botched drug deal.

Twenty-three-year-old Nathan Quidetto of Unity is charged in Westmoreland County with criminal homicide, reckless endangerment and weapons offenses in the July 2020 death of 52-year-old Tracy Marie Squib.

Defense attorney Emily Smarto argued there was no evidence that Quidetto intended to kill Squib and argued that the first-degree murder count should be dismissed, but the Tribune-Review reports that the judge disagreed.