FORT DODGE, Iowa (AP) – Attorneys for a Nebraska woman charged with shooting a man in her western Iowa home in 2001 have asked a judge to thrown out the case. The judge overseeing the case against 45-year-old Tracey Richter-Roberts is weighing the request. Richter-Roberts, of Omaha, Neb., is charged with first-degree murder in the shooting death of 20-year-old Dustin Wehde at her former home in Early, Iowa. She’s pleaded not guilty.  A trial is set for Oct. 25.

Richter-Roberts told police that Wehde and another man broke into the home and attacked her and that the shooting was in self-defense. No charges were filed at the time, but the investigation was reopened in 2009 and Richter-Roberts was arrested in July.