DES MOINES, Iowa — A murder trial is scheduled to get underway in Des Moines Monday morning.

Tony Arterberry is accused of killing his ex-girlfriend, 55-year-old Rhonda Howard, after breaking into her home back in May. Her body was discovered in her basement after police were called to do a welfare check.

Earlier this month, a judge ruled that the statements made by Arterberry to a detective could not be used because his constitutional rights had been violated.

The Des Moines Police Department issued the following statement following the judge’s ruling:

“The Des Moines Police Department respects the courts ruling and the guidance included. In this case, with or without statements made by the defendant, a Murder – 1st Degree allegation is appropriate based on the abundance of other available evidence.”

Sgt. Paul Parizek, spokesperson for the Des Moines Police Department

Arterberry is also charged with first-degree burglary and robbery in the case.