Chris Brown and his lawyers did not receive the news they were hoping for on Monday.

After rejecting a plea deal in January, Brown’s lawyers continued to move forward with the case involving an incident in October 2013. A judge in Washington denied a request from Brown’s lawyers to dismiss the trial for the alleged altercation outside a hotel in Washington between a man and Brown and his bodyguard, Christopher Hollosy.

In court Monday lawyers argued the case against Brown should be dismissed. The Grammy-award-winner’s lawyer, Mark Geragos, said the prosecution abused the grand jury process while preparing for the trial by freezing an alleged victim’s testimony in the case. Geragos referred to the incident in Washington as “the most investigated misdemeanor of all time.”

Judge Patricia Wynn did not agree with Geragos and instead agreed that the prosecution could judge the strength of their case by using the grand jury.

“I am persuaded that there was no abuse,” said Wynn.

The incident, which occurred while Brown was still on probation in California for the 2009 attack on his then-girlfriend Rihanna, has a man accusing Brown and his bodyguard Hollosy of hitting him after the man tried to jump in a photo Brown was taking with two women.

Court documents say Brown and Hollosy’s accuser was treated for injuries to his face and head, as well as a fractured nose.

Another aspect of the case Judge Wynn decided on was ordering a separate trial for Brown and Hollosy. An April 17 trial date has been set for Hollosy. Once Hollosy’s trial ends, Brown’s will begin. A judge, not a jury, will decide both cases.

Hollosy is expected to testify at Brown’s trial that only he hit the man. Hollosy has already told police that the accuser was trying to get on Brown’s tour bus and Hollosy hit him. But the prosecution disagrees with Hollosy’s statment. They say Brown first punched the man when he tried to get in a picture being taken, then Hollosy hit him.

Most recently Brown was receiving treatment at a facility in Malibu for anger management, issues related to bipolar disorder, and substance abuse and he was supposed to stay there until his trial was over in April. After making threats and violent comments, as well as being accused of touching a female rehab client, Brown was sent to jail.

Brown is currently being held at a facility in the Washington area. Neither Brown nor Hollosy were in court Monday.

Image via Chris Brown, Twitter.