A man arrested in a standoff with a SWAT team on Chumstick Hwy. in March is asking for his case to be dismissed.

The attorney for 48-year-old Abel D. Wilkes' filed paperwork claiming the government did not properly get a warrant, over reacted and withheld evidence from his defense.

Wilkes was involved is an 18-hour standoff against a SWAT team that involved the use of tear gas and pepper spray, and at least one shot was fired by a police officer that is still under investigation.

Chelan County Superior Court Judge Kristin Ferrera will consider the motion to dismiss the case Tuesday afternoon in a hearing scheduled for 3:30pm.

In court documents filed by Wilkes' attorney Elizabeth Halls said, "officers trespassed on Mr. Wilkes property attempting to arrest before the warrant was signed, fired shots at Mr. Wilkes and destroyed his home and personal property with armored tanks, which amounts to conducting criminal activity."

Halls said an analysis on whether to call in a SWAT team referenced "aggressive/guard dogs" at the target location, which was reported as "friendly" by the property owner who called in to report Wilkes' behavior.

She said a SWAT team was on the property at 10:40am, more than an hour before a warrant for Wilkes arrest was confirmed at 11:40am. She said the warrant did not say when it was signed by a judge.

Halls further stated Wilkes' home and property were destroyed during the arrest.

In addition, Halls said she wasn't given discovery evidence until July 12, and as of last Thursday there were still no Washington State Patrol crime lab reports after evidence was sent to the crime lab.

"Because of a late disclosure of huge amounts of discovery to review in this case, defense counsel cannot adequately or effectively represent the defendant," wrote Halls in motion to dismiss.

The actions of the SWAT team during the standoff are under review by the Central Basin Investigation Team of Moses Lake.

Officer Cory Bernaiche with Wenatchee Police, acting as a SWAT team member, fired a shot during the standoff, but no one was injured.

Officers said Wilkes fired a shot inside his trailer home during the overnight standoff.

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