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Fisher back in court

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Ohio County -

The woman accused of being an alleged accomplice in an attempted pharmacy robbery in Elm Grove was back in court this morning. 

Melody Fisher is facing charges felony murder charges. Fisher waived her right to trial in 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 received the surveillance video of the incident from the state Wednesday morning. The original trial date has been turned into a pre-trial hearing on Dec. 17 and the new trial date is Jan. 29. Herndon also filed a motion to dismiss count one of 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 the second has been issued. It was issued on Nov 8," said Fisher's attorney, Stephen Herndon. "The mandate however, is not final." 

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.