Published: Jan 18, 2012 1:38 PM EST
Updated: Jan 18, 2012 5:07 PM EST

LEE COUNTY, Fla.- A Cape Coral teen accused of shooting and killing his 15-year-old girlfriend is set to appear in a Lee County courtroom Tuesday.

Dylan Wisniewski's lawyers have tried to get the case completely thrown out, claiming the 18-year-old didn't know the gun was loaded when he pointed it at Ashlee Swazey and pulled the trigger in September 2010.

Wisniewski was released on bond in February 2011 despite emotional pleas from the victim's family.

If convicted of manslaughter, Wisniewski could face up to 30 years in prison.