The prosecutor in the trial of James Quinn in Malaga in Spain has altered the indictment against the 35-year-old Dubliner.
He is accused of shooting 34-year-old Gary Hutch near Mijas in September 2015.
However, today the prosecution offered an alternative theory to the court - that Mr Quinn was the driver of the getaway car.
However, he could still be sentenced to life imprisonment if he is convicted of acting as a ‘necessary participant’ to the crime rather than the perpetrator.
The jury will now decide if Quinn was responsible for the murder, or whether he was the driver of the getaway car.
The vehicle waited for two hours before the perpetrator launched an attack on Mr Hutch at the Angel de Miraflores residential state in Mijas.
The alternative indictment reads: "The accused James Quinn, acting with another person whose identity has not been confirmed, received an order from an unknown person to carry out a preconceived plan to end the life of Gary Patrick Hutch.
"While the accused James Quinn stayed inside the vehicle on the look-out and to ensure the subsequent getaway, his companion gained access to the inside of the residential estate wearing a balaclava to avoid being recognised, while carrying two firearms."
Prosecutor Jose Barba revealed outside of court that he had been awake "until 3am" the night before considering whether he should offer an alternative theory.
"I still maintain that he did it. That he was the one that shot [Hutch] while the other person waited, but the jury can always have doubts and could say well why couldn’t James Quinn be the driver?
"Quinn was in that car, there’s no doubt about it – because of the baseball cap," said the lawyer.
It comes after the defence raised questions over key pieces of evidence, including the baseball cap that contained traces of his DNA.
The trial continues tomorrow.