A judge today refused to step down from presiding over the trial of pharmacist Jerome Ersland.
Oklahoma County District Judge Ray C. Elliott said, "I am not a racist."
The pharmacist's defense attorneys had argued for the judge to step down, saying comments he made about Hispanics showed he couldn't be fair to anyone.
Ersland was charged with first-degree murder after he fatally shot a robber inside the Reliable Discount Pharmacy in Oklahoma City last year.
Prosecutors said he went too far. Ersland said he was defending himself.
Defense attorneys said they will appeal the judge's decision.