The material witness held in relation to the Oct. 8, 2009, shooting death of John Versypt has asked that his case be dismissed, according to court documents.

Justin Marshall, 19, was in the apartment building where Versypt, the landlord of Broadway Condominiums, was shot during a checkup visit to the residence.

Police investigators questioned Marshall on the day of the shooting, but further interviews with him did not match his original story, authorities have said.

The attorney has requested the dismissal for lack of probable cause and because it violates Marshall’s federal and state constitutional rights. A district judge has set a hearing for March 4 to review the motion for release and Marshall’s bond.

— by Sam Lane