Attorneys for a man accused of killing a medical marijuana patient to steal his pot, prescription pills and other belongings are accusing the Flathead County Attorney’s Office of “vindictive prosecution” for adding a burglary charge.
The Missoulian reports defense attorney Noel Larrivee asked a judge Wednesday to dismiss the felony charge against 20-year-old Jeffrey Nixon, saying prosecutors filed it out of spite because Nixon rejected a plea deal. But Deputy County Attorney Alison Howard says the charge ensures that if Nixon is acquitted of deliberate homicide and robbery, he could still be held responsible.
Nixon and co-defendant, 22-year-old Robert Lake, are accused of beating 49-year-old Wesley Collins to death in April 2010 and trying to hide the body with the help of another man.
Lake has been sentenced to 110 years in prison.
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