One of the men accused of murder in the shooting death of Julian Morrison, 26, outside a Spokane music venue in September says prosecutors don't have enough evidence to try him.

Carlos Fuentes, 25, filed a motion through his attorney last week asking a judge to throw out the first-degree murder and 12 drive-by shooting charges that have kept him in jail since Sept. 12. Three days earlier, investigators say Fuentes acted with Kalen Bedford, 23, in an altercation outside The Hop! at 706 N. Monroe St. that left Morrison dead of multiple gunshot wounds.

Spokane Police have said the shooting was likely gang-related. An unnamed witness in court documents said they saw Fuentes bump into Morrison inside the venue, where most visitors anticipated an appearance from a popular rap artist who didn't show. The two exchanged statements of their gang affiliations, according to the witness. Several minutes later Morrison, Fuentes and Bedford stood in a rear parking lot where Bedford opened fire on Morrison multiple times, according to witness statements.

Fuentes' defense attorney, Robert Cossey, argues in a motion to dismiss the entirety of the evidence against his client is "hearsay from unidentified individuals." Additionally, he said, the witnesses provided no statements that directly linked Fuentes to the slaying or multiple gunshots fired from a vehicle he and Bedford allegedly left the club in after the shooting.

A hearing in the matter is tentatively scheduled for Nov. 7. Fuentes and Bedford remain in jail on the charges.

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