An attorney in Abilene, Texas requested that a judge toss the evidence in a case against murdered real estate agent Tom Niblo.

The evidence in question is against Niblo’s brother-in-law, and the only suspect in the case, Luke Sweetser, according to an article by Jamie Burch for KTXS.

Previously, police arrested Sweetser on charges of theft of a firearm in connection to the case.

Police then obtained warrants for Sweetser's DNA to compare to the DNA found on the a stolen gun that was obtained in connection to the shooting.

However, he was later bailed out of jail after a bond reduction from $400,000 to $75,000.

From this latest article:

In his motion, Lynn Ingalsbe states the search warrant for Sweetser’s storage facility and gun safe “fails to state probable cause” for the search and that the detective admitted he was “only speculating there ‘might’ be homicide evidence in the safe.”

Ingalsbe stated that what he refers to as the “unreasonable illegal search,” was in violation of Sweetser’s fourth and 14th amendment rights, according to an article by Brooke Crum for the Abiliene Reporter.

These rights include the right against unreasonable searches and seizures and the protection of citizens from the deprivation of life, liberty or property without due process of the law.

From the article:

Ingalsbe states in his motion that the basis of the search warrant was the sole affidavit of Detective Jeff Cowan, who failed to state probable cause because he did not state who told him that the safe belonged to Sweetser. The affidavit also failed to "state any logical, believable, credible or trustworthy reason why affiant believed said gun safe to contain evidentiary items regarding the murder under investigation," the document states.

The death of the 54-year-old Niblo occurred on December 12th, when he was shot and killed inside his home in an act that police believe wasn’t random. Niblo’s wife and dog managed to escape unharmed.

An autopsy report from the Tarrant County Medical Examiner’s Office shows Niblo’s death was caused from being shot in his head, face, abdomen, torso, left and right extremities and left and right legs.

After months of being unable to make any headway with the case, police listed the case as cold.