- Associated Press - Friday, December 8, 2017

CHEYENNE, Wyo. (AP) - Prosecutors are figuring out how a 21-year-old Cheyenne man accused of fatally shooting his roommate should stand trial after confusion on the charges against him.

The Wyoming Tribune Eagle reports Cody Hess was charged with second-degree murder and the alternative charge of voluntary manslaughter for the death of 35-year-old Michael Robbins last month.

A judge has found the evidence in the case didn’t show Hess acted with malice, a requirement for a jury to convict someone of second-degree murder.

The judge says there is probable cause for a crime, but prosecutors are deciding whether one charge can move forward to court without the other.

Arguments for how the case will proceed are expected to be presented next week.

Attorneys representing Hess say he acted in self-defense after Robbins attacked him.


Information from: Wyoming Tribune Eagle, http://www.wyomingnews.com

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