BISMARCK, N.D. (AP) — A man accused of killing the husband of his co-defendent near Bismarck last winter wants to be tried separately from the woman.

An attorney for Earl Howard argued at a hearing in Burleigh County Tuesday that the criminal background of his client and Nikkisue Entzel are different and that trying them together would be unfair and could lead to a mistrial.

Howard is charged with murder, arson and conspiracy in the death of Chad Entzel, whose body was found Jan. 2 after a house fire.

An autopsy showed Entzel died of gunshot wounds.

Authorities say Entzel and Howard were in a relationship and plotted the victim’s death with plans to cash in on a life insurance policy.