A 44-year-old Midvale man accused of shooting his wife while he was driving will ask a judge to toss out a murder charge.

Komasquin Lopez says his wife killed herself in their moving pickup truck after he threatened to leave her because she was using methamphetamine.

His lawyers will argue Jan. 20 there isn't enough evidence to try him for murder.

But prosecutors say 32-year-old Shannon Lopez actually wanted to end the marriage, and her husband was high on meth. Prosecutors say Shannon Lopez would not have killed herself because she loved her sons.

She was a passenger and her husband's truck, which hit another vehicle moments after the shot was fired on Dec. 27.

Komasquin Lopez is being held on suspicion of first-degree murder.