Attorneys for a Muskogee man charged in a 2010 slaying asked a judge Wednesday to suppress evidence and statements gathered by Arkansas police.

Andrew Nelson Hubbell, 35, was charged with the Aug. 13 slaying of John Michael Lyman after being arrested in Arkansas two days following the shooting. Police say Hubbell and Lyman argued at Arrowhead Mall the day of the shooting. Later that night, it’s alleged Hubbell and Lyman engaged in a car chase, and Hubbell shot Lyman multiple times.

Hubbell’s defense is at odds with evidence found in a car Hubbell was driving when he was arrested in Arkansas as well as with statements he made to Arkansas police. A revolver with one bullet remaining was found in Hubbell’s vehicle.

Hubbell’s attorneys asked Muskogee County District Judge Tom Alford to suppress all evidence found in Hubbell’s vehicle and to suppress statements he made to Arkansas police.

After Hubbell’s arrest, Muskogee police officers Lonnie Bemo and Shannon Crary traveled to Arkansas to retrieve his vehicle. They were told they could not take the vehicle across state lines.

Two days later, Bemo, Crary, District Attorney Investigator Richard Slader and police investigator Mark Ridley went to Arkansas and watched as Arkansas police — who obtained a search warrant based on information given to them from Muskogee investigators — looked through the vehicle.

The affidavit, written by Arkansas police and shown to an Arkansas judge who granted the search warrant, stated a man named Chad Henry witnessed the shooting. The affidavit stated Henry new Lyman, Hubbell and a man named Lemanuel London, who was alleged to be in Hubbell’s vehicle at the time of the shooting.

During testimony given in the preliminary hearing, Henry said he didn’t know any of the subjects involved in the shooting. Further, Henry testified Hubbell and London were driving “normally” and Lyman was following them and “driving recklessly” before the shots were fired.

Hubbell’s attorney, John Echols, and state’s attorney Pamela Hammers questioned Bemo for more than an hour regarding the affidavit Arkansas police handed in to acquire the search warrant for Hubbell’s car.

“The affidavit said Henry was familiar with (Hubbell, London and Lyman) and that Henry had seen them at the mall,” Echols said. “Where did you get this information?”

“I can’t recall,” Bemo said.

“If it’s not true, it would be wrong to get an Arkansas judge to issue a search warrant based on that statement, fair enough?” Echols said.

Bemo stated he looked over the affidavit before Arkansas police handed it in to obtain the search warrant, but did not notice the incorrect assertion that Henry knew Hubbell, London and Lyman personally.

“You’re asking me to say the statement was a lie. That part (of the affidavit) was overlooked. It was an honest mistake ... it was an oversight on my part.”

Bemo stated police and investigators met multiple times in the days following the shooting, and multiple scenarios were bandied about between them. The Arkansas affidavit states “Muskogee authorities said Chad Henry saw them arguing and knew all three men,” but Bemo said the police officers who wrote it might have misunderstood statements made by Muskogee police.

Alford gave both sides until Feb. 17 to present evidence before he decides whether to suppress any evidence or statements. Hubbell’s trial had been set for March 5, but has been continued until July.

Reach Dylan Goforth at (918) 684-2903 or dgoforth @muskogeephoenix.com.