BOZEMAN, Mont. (AP) — A defense attorney argues that a Montana woman's death was an accident and is asking for charges against her boyfriend to be dismissed.

The Bozeman Daily Chronicle reports (http://bit.ly/1KHKxrS ) that attorney Todd Whipple says evidence is consistent with 33-year-old David William Hughes' claim that 28-year-old Kerri Ann McKinney was trying to jump onto and enter his truck while he was driving away after an argument.

Whipple says prosecutors left out key medical findings in their affidavit and is asking the judge to dismiss the negligent homicide charge against Hughes.

Whipple says the medical examiner concluded that McKinney did not suffer injuries that would have been present if she was run over.

Gallatin County Deputy Attorney Eric Kitzmiller has not yet filed a response to the motion.