- Associated Press - Thursday, July 23, 2015

CHALMETTE, La. (AP) - A 30-year-old New Orleans man is facing a second-degree charge once again in St. Bernard Parish.

NOLA.com/The Times-Picayune reports (https://bit.ly/1JAlYxh) a grand jury indicted Merlin Smothers Wednesday after authorities accused him of selling heroin to a Chalmette woman, 26-year-old Brooke Megan Weiskopf, who died of a fatal overdose.

Last month, state district Judge Kim Jones quashed the first second-degree murder indictment against Smothers because she said the Orleans Parish assistant district attorney who had presented the charges to the grand jury in April had not been properly commissioned to prosecute in St. Bernard Parish.

Prosecutors say Smothers sold heroin to Weiskopf a few days before Christmas 2012.

Although he is accused of selling her the heroin in New Orleans, she went back to her Chalmette home, where she died.

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