NAMPA, Idaho (AP) — The attorney for a southwest Idaho man accused of supplying a gun used to kill a 25-year-old Nampa man wants an in-custody interview with police thrown out.

The Idaho-Press Tribune reports in a story on Friday that Joshua Wasserburger's attorney filed the motion that could lead to charges of aiding and abetting first-degree murder being dismissed. Wasserburger has pleaded not guilty. Attorney Ed Yarbrough says Wasserburger requested an attorney during a police interview but didn't get one.

Investigators previously said Wasserburger contacted James Whitewater to help him deal with a man they believed had broken the jaw of a female acquaintance. James Whitewater is charged with first-degree murder and aggravated battery in the death of Pedro Martin Jr., who died after being shot in his torso.

More From 98.3 The Snake