A western Iowa judge is refusing to throw out a wrongful death lawsuit filed by the family of a man who was fatally shot after he allegedly broke into a Sac County house. Tracey Roberts has filed a motion requesting the suit be dismissed. It was filed by survivors of Dustin Wehde. Authorities say Roberts shot and killed Wehde after he allegedly broke into her house in Early and tried to strangle her. A trial date hasn’t yet been set.