SEMINOLE COUNTY, Fla. -

A judge dropped on Monday one of the murder charges in the trial for the man charged in a triple murder.

David Maloney, 54, was accused of gunning down three members of a rival biker gang in 2012. Two gangs clashed at a fundraiser at a VFW in Winter Springs and a shootout followed.

"There's no evidence of some pre-planning in this regard and the court will grant a judgement of acquittal as to count one," the judge said.

Maloney was facing three counts of second-degree murder and two counts of attempted murder.

Prosecutors said Maloney is the leader of the Philly Warlocks and they say he and other members of gang ambushed the victims, who were members of the Florida Warlocks.

The defense said it plans to argue Maloney acted in self-defense.