The 124 marijuana plants and other materials seized by Athens County sheriff’s deputies Feb. 23 might not be admissible as evidence against the New Marshfield man who allegedly shot and killed his wife on the same date.

The defense attorney for 38-year-old Michael Dane, who has pleaded not guilty to five total charges including involuntary manslaughter and reckless homicide, argued yesterday to suppress evidence obtained from the unattached garage on Dane’s property. That evidence includes 11 items with white powder or a white substance on them, three “small bags of green vegetation” and 124 marijuana plants but no firearms, said Assistant Athens County Prosecutor Robert Driscoll. Dane is also facing charges of illegal cultivation of marijuana, possession of cocaine and three counts of endangering children.

Herman Carson, Dane’s attorney, argued that the search warrant did not specifically authorize sheriff’s deputies to examine the unattached garage.

However, Driscoll said because the search warrant included the garage in its description of the residence, deputies could examine that area. He said past court decisions involving similar search warrants allowed deputies to search all buildings on the property.

Athens County Common Pleas Court Judge Michael Ward will issue a written decision on whether the evidence will be admissible before Dane’s trial, scheduled for 9 a.m. Aug. 15.

Athens County Prosecutor C. David Warren said this motion is standard procedure for serious cases like Dane’s.

Dane allegedly “discharged a firearm, striking and killing (his wife) Angela Dane while under the influence of cocaine” in front of his two children at approximately 3 a.m. Feb. 23, according to court records.

If convicted on all charges, Dane could be imprisoned for a maximum of 34 years.