MIRAMAR, Fla. -- Former Miramar Commissioner Fitzroy Salesman was in court Thursday to ask a court to dismiss the aggravated battery charges he faces.

Salesman was seen on surveillance video last November pulling a gun on a customer at a grocery store. He doesn't deny pulling a gun, but said he wasn't the aggressor, and said that the victim's own statements to prosecutors backs that claim.

"I was defending myself. I feared for my safety that night," said Salesman, who possesses a concealed weapons permit.

Salesman said he was pleading with the manager of the Winn Dixie to open an express lane so shoppers with a few items could get out of the regular lines.

Salesman said one of the shoppers took offense and asked him if he wanted to "take it outside."

He said Lazavious Hudson repeated "let's take it outside" about three times.

Salesman said Hudson told him, "Let's take it outside. I'm going to kick your (expletive). And it was a threat."

The video shows Salesman pull out a handgun and wave it at Hudson and another man.

On the video, employees and other shoppers are seen scrambling for cover.

Salesman was arrested and charged with aggravated battery.

In Hudson's statement to prosecutors, he admitted he wanted to fight the commissioner in the parking lot.

A statute states that it is an issue for a judge to determine, Lohse reported. If the judge believes that self-defense was reasonable, then the judge can dismiss the charges.

Salesman was removed from his Miramar commission seat by Gov. Charlie Crist. He told Local 10 he believes he would have lost a lot more if he didn't defend himself.

If the judge grants the motion and throws out the charges, Salesman could be reinstated as Miramar City Commissioner.

The judge will hear arguments on May 29.