MONTROSE, Colo.—A judge has dismissed a first-degree murder charge against a Texas businessman accused in the drowning of his wife in Colorado, but he’s allowing a charge of second-degree murder to proceed.
Lawyers for Frederick Mueller had sought for the first-degree murder charge to be dropped after a jury deadlocked on a verdict earlier this year.
Mueller has said Leslie Mueller died in a hiking accident in 2008 after falling into a creek in Hinsdale County. Investigators have questioned his story.
The Montrose Daily Press reports ( ) that on Monday, a judge ruled there is no evidence from which it could be reasonably inferred that Mueller acted after reflection and judgment, as required for conviction of first-degree murder.
Court records show a trial on the remaining charge is scheduled in May.
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Information from: The Montrose Daily Press,
