KALISPELL,— A District Court judge has denied a request to dismiss a burglary charge filed against a man who is charged in the beating death of a 49-year-old Kalispell man.
Attorneys for Jeffrey Nixon argued the charge represented “prosecutorial vindictiveness,” because it was filed on March 1, after Nixon rejected an agreement that called for him to plead guilty to accountability to deliberate homicide in the April 2010 death of Wesley Collins.
Nixon initially was charged with deliberate homicide, robbery and evidence tampering.
The Daily Inter Lake reports District Judge Stewart Stadler wrote Monday that charges can be filed up to five days before a trial and prosecutorial vindictiveness generally cannot arise from pretrial negotiations.
Prosecutors said the burglary charge was added to ensure Nixon was held accountable if he were acquitted of the homicide charge.
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