Published: Jan 05, 2011 1:16 AM EST
Updated: Jan 04, 2011 9:28 PM EST

FORT MYERS, Fla.- The defense wants to take a closer look at the white car four men were driving in when they allegedly robbed a home and ended up in a Steak N Shake parking lot in December 2009.

Mike Borrell and his lawyer asked a judge today to allow investigators to tear into the floorboards of the car to look for bullets. A judge said no because she wants the car to stay in good shape for  the other defendant's trials.

But she did say she'd consider changing her mind if all four defendants agreed to tearing up the floorboards to investigate.

All four men are facing felony murder charges. One man that night fired at police, and was shot in killed in return fire.

Now the men are charged with his murder because they allegedly were committing a felony when a death occurred.