WAUSAU (WAOW) - A Niagara man arrested after the 77-year-old father of his girlfriend was found dead in a garage in Wausau wants a judge to throw out two felony charges, according to a document filed Wednesday.
Lee Franck, 56, is charged with disorderly conduct involving domestic abuse and is being held on a $750,000 cash bond as police continue to investigate Lyle Leith's death.
Prosecutors say Franck and Leith had a disagreement about Franck's relationship with Leith's daughter days before Leith was found dead.
Leith's daughter told police Franck said things like "you will all pay" and "I hope your family dies" in arguments that took place in mid-February, according to a criminal complaint.
In asking Marathon County Circuit Judge Michael Moran to dismiss the complaint, Franck's attorney Richard Lawson called it "defective" because it does not have "sufficient facts and circumstances" to believe Franck committed the crimes, the one-page document said.
For one of the accusations, "there is no evidence that Mr. Franck was in Marathon County at any time Feb. 18," the document said.
Police have not said how Lyle Leith was killed. His daughter, who had lived with Franck for several weeks, found his body in the garage at his home.