ABILENE, Texas (KTAB/KRBC) – A Taylor County Judge will reconsider dismissing evidence in a theft case against the only publicly named suspect in the murder of Abilene realtor Tom Niblo.

During a Motion to Suppress Hearing in November, a judge decided stolen firearms seized from a safe belonging to suspect Luke Sweetser were admissible in court. 

On January 31, Sweetser’s attorney, Lynn Ingalsbe, filed a Motion to Reconsider, continuing his argument that evidence that led to his client’s arrest for firearm theft was illegally seized. 

Unless the judge changes his mind during the reconsideration, the evidence can be used against Sweetser during a trial. 

Sweetser was taken into custody and charged with Theft of a Firearm on December 14, 2016, two days after Niblo, Sweetser’s brother-in-law, was shot-to-death inside his home on the 3700 block of Woodridge Drive.

He was arrested after detectives found stolen firearms belonging to Abilene attorney Randy Wilson inside a safe owned by Sweetser when a search warrant was executed at a Niblo family storage facility on Mesquite Street during the murder investigation. 

Multiple court documents reveal Sweetser has no alibi for the night of the murder, and he was also involved in an ongoing dispute with Niblo regarding Niblo’s late father’s estate.

Niblo and his mother had been made executors of the estate, but Niblo’s sister – Sweetser’s wife, Ellouise Niblo Sweetser – was not named an executor, according to the documents. 

Several properties owned by the Niblo and Sweetser families have been searched during the ongoing murder investigation. 

Multiple search warrants were also filed so detectives could gain access to both Sweetsers’ electronic data and communications before, during, and after the murder. 

A recap of the most recent information released during the investigation can be found here.