The judge in the trial of NYPD officer Peter Liang denied his defense team's request for a mistrial Wednesday.
Deliberations got underway Tuesday in the case.
The defense had argued the prosecution implied in their closing arguments that the shooting was intentional, which would be a murder charge, rather than manslaughter.
The judge disagreed, saying the Brooklyn district attorney only argued that Liang had intentionally pulled the trigger.
Liang is charged in the shooting death of 28-year-old Akai Gurley in a dark stairwell in the Pink Houses in East New York back in 2014.
Gurley was unarmed.
He was hit by a bullet that ricocheted and went into his chest.
Earlier Wednesday, the jury asked for several testimonies to be read back including Liang's about what happened in the staircase.
Both sides used Liang's gun as a prop in their closing statements.
Prosecutors say Liang was reckless.
But the defense claims he accidentally fired his gun after being startled by a sudden sound.
If convicted on the serious charges Liang faces up to 15 years in prison.
But the jury could instead decide to convict only on the minor charges, which include assault and official misconduct.