Attorneys for the man suspected of killing a Fort Riley soldier outside an Aggieville bar in February 2022 filed a motion in limine Monday to have certain testimony excluded from an upcoming jury trial.

Brenda Jordan and Lora Ingels noted at a pretrial conference for Tremelle Montgomery, that interactions Montgomery had with law enforcement before the murder, should be restricted since it could be prejudicial and taint the outcome or fairness of the trial. Of particular interest to the defense is an interaction RCPD Officer Seth Scobee had the week before the murder, where he witnessed Montgomery remove a firearm from a vehicle. No criminal actions were identified at that time and no investigation occurred, making the matter irrelevant in the eyes of the defense.

Prosecutors argue the information is relevant however since the gun observed that night is similar or quite possibly the same used in the murder of Joshua Wardi the night of Feb. 5. Officer Scobee was among three RCPD officers who responded the night of the shooting.

Judge John Bosch agreed to take up the motion, setting a hearing for 1 p.m. Aug. 18.

Montgomery’s trial is scheduled to begin Sept. 5. He’s charged with first-degree murder, three counts of attempted first-degree murder and three counts of aggravated assault. The defense plans to seek alternative lesser counts for jurors to consider including felony murder, second-degree murder or involuntary manslaughter.

Two other co-defendants, Jordan Prather, 24, and Edward Wright, 27, are charged with the same counts as listed against Montgomery.