HELENA — A state judge won’t dismiss a homicide charge filed against a Montana man who shot and killed a home intruder.
The Independent Record reports that attorneys for James George Stiffler asked the judge to dismiss the charge. Stiffler is accused of shooting Henry Thomas Johnson in May 2013.
The motion to dismiss noted the length of time it took for prosecutors to charge Stiffler — nearly two years elapsed between the shooting and when the charges were filed. It also questioned the quality of the investigation. District Judge Kathy Seeley said Wednesday those questions can be addressed at trial. It is scheduled for February.
Stiffler said he shot Johnson as he moved toward him threateningly, while prosecutors say the evidence indicates Johnson was shot in the back as he fled the house.