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The prosecutor, who made the request following a heated exchange with a defense attorney, said she would instead present the case to a grand jury to seek an indictment.Special Jefferson County District Court Judge Sheila Ann Weil ordered Freddie Earl Puma All Black Shoes

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Murder charge dismissed against man in Trussville shooting

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53, released from the Jefferson County Jail after Deputy Jefferson County District Attorney Megan Cuckler made the motion to dismiss the case at a preliminary hearing. Patton was being held in lieu of $150,000 bond.Weil is a local attorney appointed to fill in for District Court Judge Shelly Watkins, who is on vacation.Patton, 53, was charged with intentional murder in the Nov. 14 shooting death of 81 year old Ken Millar at a home on Rockridge Avenue in Trussville.Cuckler made the motion to Puma Shoes Classic

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dismiss the case during a preliminary hearing, which is held to let a judge decide whether there is probable cause for the charge. Most of the time, preliminary hearings end with the judge sending a case to a grand jury to consider an indictment.But during today's hearing, Cuckler and Patton's attorney, John Lentine, disagreed over whether Lentine should be allowed to question Trussville Police Detective Jamie Goolsby about details of a coroner report on Millar's death.Cuckler argued that the report was only entered into evidence at the hearing for the purpose of showing that Millar had died. Lentine had stipulated to that, she said.Cuckler argued that the detective could not testify about details in the report and that Lentine was instead trying to conduct case discovery gathering evidence and that is outside the scope or purpose of a preliminary hearing.Lentine argued that he wasn't trying to get discovery, but trying to show the judge that there wasn't probable cause for an intentional murder charge.Lentine withdrew his stipulation regarding the coroner's report and Cuckler responded by dismissing the charge. She said the district attorneys office would present the evidence to a grand jury.Before the argument between Cuckler and Lentine, Det. Goolsby had testified that Patton's common law wife told him about what happened leading up to the shooting. He said she reported that:When she got home from running errands she and Patton had gotten into a fight. She asked Patton to leave the house and go to the Jimmie Hale Mission if necessary. Patton threw her on a bed, grabbed a pistol and fired a shot into the floor. Her father attempted to grab the gun and Puma Rose Red the gun went off. She ran outside into the woods and called 911 on a cell phone.Goolsby testified that Patton told him that Millar had a wrench in a hand and he fired a second shot into the floor to warn him off. Patton told him that as they wrestled for the gun, it went off, the detective said.Goolsby said that Patton also told him that he was tired of "being blamed for things."The argument between Cuckler and Lentine came up after Lentine began to question Goolsby about the number of shots fired two spent shells reported in the coroner report and any stippling around the wound. Millar had been shot one time. Goolsby testified that an evidence technician reported three spent shells were found in the .357 revolver.

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