WARREN, Ohio (WKBN) – The judge presiding over the case of a man charged in connection to a fatal fire in Warren will decide whether to dismiss the capital components in the case.

Zackary Gurd is charged with capital murder stemming from the January fire on Nevada Avenue NW that killed 16-year-old Chassidy Broadstone.

His attorneys previously filed a motion asking the court to dismiss the capital components of the case due to constitutional and international law of violations.

Prosecutors have argued against it, saying the Ohio Supreme Court has continually overruled such motions.

During Tuesday’s hearing, Judge Cynthia Westcott Rice said she’d take it under advisement and issue a ruling.

Gurd is charged, along with Brendan Daviduk and Patricia Zarlingo, following an investigation of the fatal fire.

According to a court affidavit, Zarlingo, who has a child with the fiance of Broadstone’s mother, told investigators that she had been feuding with her child’s father and his fiance and they went to the house on Nevada to “steal items” to anger him.

According to the court document, both Zarlingo and Daviduk admitted to being at the house.

Chassidy and her two sisters were home Jan. 19 at the house on Nevada Avenue when the fire was set. Chassidy’s sisters were able to escape, but Chassidy was found dead in an upstairs bathroom.

According to court records, Gurd was identified as the man seen on surveillance video at the scene of the crime. Investigators say he was seen on video carrying a gas can in the house, and they believe he started the fire.

Gurd is scheduled to be back in court on October 17.

Zarlingo is set to appear in court for a pretrial on Wednesday, and Daviduk is expected to be in court in September for his pretrial.