A Marin County Superior Court judge has ruled there is insufficient evidence to try two brothers on assault charges for an armed skirmish in San Rafael.

However, the judge ordered Jovardo Esmar Cifuentes Diaz, 18, and Jechivon Anay Cifuentes Diaz, 22, to stand trial on other counts. The defendants, both San Rafael residents, are scheduled to be arraigned on the remaining charges on April 16.

The younger brother still faces charges of illegal gun possession, brandishing a gun and resisting police. The older brother’s charges include reckless driving to evade police and possessing a concealed gun in a vehicle without being the registered owner.

Judge Kelly Simmons made the ruling Monday during a preliminary hearing on the evidence.

The alleged crimes happened on Feb. 12. San Rafael police alleged the defendants assaulted the father of a juvenile they had harassed at the Safeway in Terra Linda.

The suspects left the shopping center, but police spotted them downtown and initiated a pursuit. It ended in San Francisco after the suspects’ vehicle had an engine failure.In addition to the defendants, police arrested a 15-year-old suspect who had a backpack containing guns.

During the evidentiary hearing, Simmons heard testimony from San Rafael police officers and reviewed security camera footage of the parking lot incident.

Defense attorney Andres Rico, who represents Jovardo Cifuentes Diaz, argued that the father was the aggressor. Rico said the man threatened the defendants with a belt soon after he contacted them outside the store.

Rico also said his client did not use a firearm to strike the father, as police alleged.

Simmons agreed with the defense on the assault allegation, but found sufficient evidence to support the allegation that Jovardo Cifuentes Diaz illegally possessed a firearm and exhibited it.

“It was a very fair and just result that the judge considered the evidence that was in front of her, particularly the video,” Rico said after the hearing.

Prosecutor Zach Harmon declined to comment.

The brothers have been released from Marin County Jail pending trial. Simmons ordered them to not contact the alleged victims and the juvenile defendant.