UNIONTOWN, Pa. (KDKA/AP) – A defense attorney is seeking dismissal of homicide charges in what police in Pennsylvania are calling a love triangle slaying of another man.

Fifty-eight-year-old Wiley Gambrel is charged in the July slaying of 45-year-old James Plance in Georges Township, Fayette County.

At the time of the incident, state police say Deana Hughes told troopers she was involved in a love triangle with Plance, and Gambrel.

She also told investigators the three had been smoking crack and drinking before Plance was fatally shot in the head.

Investigators say Grambel allegedly put Plance’s body in a box, transferred the box to his van using a dolly and took the remains to his rental property on Morgantown Road.

That’s where police took Gambrel into custody and found Plance’s remains inside the building.

The (Uniontown) Herald-Standard reports that Gambrel’s public defender argues that Fayette County prosecutors have failed to show that Gambrel had the intent to commit homicide.

He also argues that his client’s statements shouldn’t be used because he wasn’t read his rights before questioning and evidence should be tossed out because there was no basis to search for and seize it. And any trial, he argues, should be held in another county because of publicity about the case.

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