The suspect in a New Year's Eve shooting outside a bar in the North Dakota town of Gladstone wants the case dismissed.
Defense attorney Kevin McCabe is asking a judge to throw out an attempted murder charge against Robert York, saying prosecutors have presented insufficient evidence.
The Dickinson Press reports that a hearing was held Tuesday in Dickinson. Judge William Herauf did not immediately make a decision.
York is accused of trying to shoot Gladstone resident Justin Willis in the face with a sawed-off shotgun after an apparent bar fight in the oil patch community. Authorities say York came to North Dakota from Phoenix, but court documents list his address as Hedrick, Iowa. He has pleaded not guilty.
Iowa man pleads not guilty to attempted murder in North Dakota