Dixon to AG: Pursue criminally negligent homicide

BAY MINETTE, Ala. (WALA) - Baldwin County District Attorney Hallie Dixon filed a letter over the weekend recommending the new prosecutor in the Steve Nodine case pursue an indictment of criminally negligent homicide rather than a previous indictment charging Nodine with murder.

Dixon also wanted to end her office's involvement in the case.

In the letter she said:

"My office conducted a thorough review and completed an investigation into the death of Angel Downs, which revealed substantial new information. We made the decision to present all evidence to our grand jury. As we promised the family, all possible charges were available for vote by the grand jury. After four days of hearing the evidence, the grand jury no-billed felony murder, manslaughter (both heat of passion and reckless) and stalking. The grand jurors were faithful to their duty, gave due consideration and voted their conscience in accordance with the evidence. Thus, having spent months reviewing the evidence and obtaining answers to questions, my office fully supports the decision of its citizens to proceed with criminally negligent homicide."

Nodine was tried for murder and stalking in December 2010. That trial ended in a hung jury. A special grand jury session was called by Dixon earlier this year where a second indictment was handed up, charging Nodine with criminally negligent homicide.

Since Dixon has not filed to dismiss the charges of murder and stalking, there are currently two indictment for the former Mobile County Commissioner.

Just under a week ago, the attorney general's office announced it was taking over the Steve Nodine case from the Baldwin County district attorney's office. Former Baldwin County District Attorney David Whetstone was named as the special prosecutor for the case. Now, Whetstone must decide which indictment to pursue.

Nodine's defense attorney John Beck said the case just needs to move forward.

"We need to know what theory the state is relying on to prosecute Mr. Nodine. That's a fundamental right for any defendant to know what they're being prosecuted [for]," said Beck.

Whetstone has 10 business days from October 26 to make a decision on which indictment he will pursue in the Nodine trial.