Published: Mar 20, 2014 4:11 PM EDT
Updated: Mar 20, 2014 5:33 PM EDT

LEE COUNTY, Fla.- A Lee County jury may never see evidence in the brutal murder of a San Carlos Park woman.  Dustin Jaye is accused of killing Deborah Striano in her home on July 24, 2012, in a crime detectives say was motivated by money.

According to the arrest report, Striano's live-in boyfriend, Russell Myers, found Striano and called 911.

Deputies say they found Striano's body in the master bedroom and determined the cause of death to be a homicide, due to a "deep laceration to the throat."

In a search warrant obtained by WINK News, Myers told deputies Dustin Jaye knew he had $8,600 dollars hidden in a floor safe in the bedroom.  Deputies say Jaye and his uncle Billy Ray Retherford, Jr. targeted Striano because they were looking for that money.  Retherford was shot and killed by law enforcement when he allegedly raised a gun at officers.

Two days after the murder, detectives seized a blood-stained fanny pack containing a checkbook with the victims name and address on it from inside Jaye's home.  Detectives say they also found several rings belonging to the victim as well as bloody clothing, including sneakers with prints that matched a set from the crime scene.

Jaye's defense attorney argues that evidence should be thrown out.  A motion to suppress evidence obtained by WINK News says the evidence was seized with an illegal search warrant, "based solely on the uncorroborated hearsay statement of an informant unknown to the detectives in this case."

The search warrant references a witness statement from Sarah Granier, who lived with Jaye and his family.  Granier told detectives that on at least three occassions Jaye said "he would rob and murder someone if he was able to steal at least $10,000 to $15,000 from the person."

Granier says Jaye asked her to look up the victim's address and pictures of the home.  She also says she overheard Jaye in a conversation that led her to believe "...Dustin Jaye planned on robbing Myers for the $8,000 and the bag of money."

It's now up to a judge to decide whether to allow the evidence seized from Jaye's home to be used in court.