Man charged with fatally shooting man in wheelchair will be re-tried
By Associated Press

The state Attorney General's Office says it will retry a man accused of fatally shooting a man in a wheelchair.

The trial of Medford Holmes, accused of first-degree murder, ended in a mistrial in October. Holmes had faced the death penalty, but prosecutors said Thursday they will not seek the death penalty again.

Holmes is accused of killing 35-year-old Antonio Smith as Smith sat in his wheelchair outside his home in April 2011. A man walked up to Smith and him once at point-blank range in the chest.

The News Journal reports that Holmes' lawyers argued at his trial that the police investigation was flawed and the state's case against him was weak.

A trial date will be set later this month.

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