The attorney for a former Gateway Police Chief facing capital murder charges wants the court to kick out some of the evidence gathered in the case.

48-year-old Grant Harding is accused of shooting 59-year-old James Appleton in the head and killing him back in February.

Police found Appleton’s body on Gann Ridge Road just outside of Pea Ridge in February.
 
Hardin’s lawyer is calling into question the validity of a nighttime search warrant and wants anything collected from that search to be excluded. 
 
That includes blood swabs taken from Hardin’s car. 
 
Hardin is maintaining his innocence and is being held without bail in the Benton County Jail.