A pivotal ruling emerged Monday in a pretrial hearing for Zackary Allen Turner. Turner is charged with the November murder of Reginald "Shay" Nicholson in Harrisonburg.

After five hours of arguments from both sides, the judge made some rulings that will set the tone as this case moves forward.

Pictures from what has been described as a moving tribute to Nicholson's life were subject to debate in front of the judge. The pictures showed Nicholson and friends posing while making various hand gestures.

The defense suggests Nicholson's friends might be affiliated with gangs. and even suggests Nicholson was as well.

In testimony Monday, Nicholson's mother says, "To my knowledge, my son was not part of a gang."

The Commonwealth Attorney's Office argues that since Shay is not here to defend himself, the pictures can only present him in a negative light.

The Commonwealth requested the judge not allow these pictures to be presented at trial.

In response, the judge says, "I don't see how these pictures are relevant at this time."

Turner, the accused triggerman in Nicolson's murder, sat in the courtroom throughout the day, talking often with his two lawyers just weeks before his trial.

The defense also requested the judge dismiss the case on the grounds that two witnesses identified someone other than Turner in a photographic lineup. That motion was denied.