WHEELING, W.Va -
The woman accused of being an alleged accomplice in an attempted pharmacy robbery in Elm Grove was back in court on Wednesday. She appeared in Ohio County Circuit Court Judge James Mazzone's courtroom.
Melody Fisher is facing a felony murder charge, along with robbery in the first degree and conspiracy to commit robbery.
The charges are the result of an incident that occurred at the Elm Grove Pharmacy in which Kevin Walnoha was killed as he attempted to rob the pharmacy at gunpoint. Fisher was allegedly waiting in the getaway car.
Melody Fisher waived her right to trial in this court term. Judge Mazzone granted the re-trial after Fisher's defense attorney Stephen Herndon asked for the trial date to be moved into next year.
Herndon says the defense just received the surveillance video of the incident from the state this morning.
The original trial date has been turned into a pre-trial hearing on December 17th. The new trial date is January 29th.
Herndon also filed a motion to dismiss count one, the felony murder charge, based on a recent West Virginia Supreme Court decision.
"In looking at the motion to dismiss count one, the opinion of the State's trail of James Davis vs. Fred Fox II has been issued," Herndon says. "It was issued on November 8th. The mandate however, is not final."
The opinion Herndon is referring to states that, "When a co-perpetrator is killed by the intended victim of a burglary during the commission of a crime, the surviving co-perpetrator cannot be charged with felony murder."
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