FORT WAYNE, Ind. (WOWO): A Fort Wayne man wants evidence collected against him for his murder trial to be tossed out.

20-year-old Ronnie Miles is accused of the May 19th shooting that killed 19-year-old Jaden Nelson. According to the Journal Gazette, his attorney is arguing that when Miles spoke to police afterward, that interview was conducted without his consent, and thus, any evidence obtained through that interview should be thrown out.

A judge hasn’t yet ruled on that request, and Miles’ trial date is still set for January 26th. He’s also charged with resisting law enforcement, using a gun to commit a crime, criminal recklessness, and robbery.