YOUNGSTOWN, Ohio (WKBN) — The attorney for a man charged with a shooting death last year in Austintown has asked a judge to throw out statements he made to police after he turned himself in.

Mark Lavelle, attorney for Steve Green III, 25, said investigators did not ask Green if he was under the influence of anything when he was questioned, and because of that, his statements to police should be thrown out.

Green is accused of the Oct. 8 shooting of his ex-girlfriend and mother of his child, Ashley Lockhart, 25, at an Austintown apartment complex. He has been in the county jail on $1 million bond since he turned himself in to police shortly after Lockhart was killed.

Lavelle wrote in his motion before Judge Anthony D’Apolito that investigators with Austintown police had Green sign a waiver of his rights, but they never asked him if he was under the influence of alcohol or drugs.

Lavelle wrote Green told police he had blacked out and had no memory of what happened, and two successive psychiatric examinations found that he had taken Xanax before he was questioned, blacked out and had no memory of what happened.

Lavelle said Green’s waiver of his rights should not be upheld because he was under the influence of Xanax and could not think clearly when he gave up his rights and talked to police. Because of that, his statements to police should be thrown out, Lavelle said.

Prosecutors have yet to file a response.

Police said officers were called to the Compass West Apartments on Compass West Drive just after 10:30 p.m. after a woman called to ask for help in a domestic situation. As she was on the phone with dispatchers, gunshots and screaming could be heard.

Investigators said officers arrived to find the woman shot several times in the back, though Green had left before they got there.

Police say the victim was visiting a friend at the apartment complex at the time and that she did not live there.

Green eventually drove to the Austintown Police Department to turn himself in.

A hearing on the motion is scheduled for Nov. 15, according to court records. The trial is set for Dec. 5.