TULSA, Oklahoma - A judge may rule Monday on certain parts of the case against a Tulsa man accused of running over and killing a homeless man downtown last year.  

Court documents show Jeremy Thacker's lawyer is trying to get the judge to dismiss one of his assault charges, change another one and dismiss his hate crime charge.

In Oklahoma, a hate crime charge is known as malicious intimidation or harassment. 

In September, prosecutors say Jeremy Thacker ran over a group of homeless people behind the John 3:16 Mission.

Shawn Birdo was killed, and in court documents a witness claims Thacker told him he saw a black man and white woman sleeping together and he "did what his brain told him to do, run them over."

Thacker's attorneys claim that witness isn't credible and is racist himself, so they want the hate crime charge tossed.

One assault count has already been dismissed in this case and Thacker's attorneys are asking the judge to dismiss another assault charge and change another charge because they claim one person who was allegedly run over, couldn't say what hit him.