The attorneys for one of the former NIU students charged in the April 5 shooting at 1009 Aspen Court are attempting to throw out his arrest due to insufficient evidence.

This pre-trial motion was introduced at a hearing Friday morning. Also introduced was a motion to suppress the confession given by Richard Van Arsdale III to the police.

Van Arsdale, 20, is represented by Gary Johnson and Nils Von Keudell of Camic Johnson Ltd. in Aurora.

Phil Montgomery, DeKalb County Assistant State’s Attorney, said although the prosecution will not file a written response to the motions, there is a hearing scheduled before Associate Judge William P. Brady in order to determine whether the allegations are true.

Van Arsdale is charged with attempted first-degree murder, aggravated battery with a firearm, aggravated discharge of a firearm and unlawful delivery of cannabis in connection with the April 5 shooting during which NIU linebacker Devon Butler was wounded.

Authorities have said the shooting occurred late April 5 and was the result of a drug deal gone bad. Police have said Van Arsdale and co-defendant, former NIU student Mark Orozco, 24, allegedly attempted to sell a small amount of marijuana to an individual at the apartment building at 1009 Aspen Court earlier in the day April 5. The individual stole the marijuana and ran into a unit inside the building. Police have said they believe Van Arsdale was driving the getaway vehicle during the shooting while Orozco allegedly fired four gunshots into the apartment building. Police have stressed that Butler was not involved in the earlier drug deal.

At an April 14 hearing, Montgomery read several text messages allegedly sent between Orozco and Van Arsdale planning the shooting. During a June 6 hearing, Montgomery read from a letter sent from Van Arsdale while in DeKalb County Jail signed “Vicious V” describing the “head rush” from the shooting.

Orozco and Van Arsdale are both in custody at DeKalb County Jail with bond set at $1 million each. Attempts made by attorneys for both Orozco and Van Arsdale to reduce the bond amount have been denied.

Montgomery said Van Arsdale’s next hearing is scheduled for Oct. 12.