Judge: State must choose 1 indictment

BAY MINETTE, Ala. (WALA) - Baldwin County Judge Charles Partin said the Steve Nodine case has gone on for far too long. Wednesday, Judge Partin ordered the state to pick an indictment and move on.

Partin says the state cannot proceed with two different indictments in the death of Angel Downs.

"I am here on behalf of the Attorney General saying we want to pursue the first and second indictments," said special prosecutor David Whetstone.

The first indictment charged Nodine with murder. The newest indictment was for criminally negligent homicide and perjury.

During the first trial, the state argued unsuccessfully that Nodine put a gun to Downs' head and pulled the trigger.

"The question of who pulled the trigger is the question in this case. My position under the state's theory is it may not make a difference who pulled the trigger as to reach criminology in this matter," said Whetstone.

Whetstone said felony murder was included in the first indictment as a lesser charge, and "you do not have to be the person who actually does it. The question is: Are you responsible for the death no matter how it occurred? And that is what is charged in the indictment. That is what we argued today in court."

Nodine's defense attorney, John Beck, said if the state goes forward with the first murder indictment, it is prosecutorial misconduct. He said the newest indictment supercedes the old one.

"They no-billed murder and manslaughter, and now for the state of Alabama to say, 'We are going to ignore the intent of 18 citizens,' is a travesty of justice," said Beck.

Beck said the state promised to drop the murder charge after the second indictment and pointed to a statement released by Baldwin County District Attorney Hallie Dixon.

"We don't know what the state is going to do, and we're going to hold them to their promise to dismiss the charges in the first indictment, and that is what is going to be coming forth in a motion we file today," said Beck.

Judge Partin gave the state 10 days to decide which indictment or theory it will proceed with in the death of Angel Downs, and then he will rule on the defense's motion to dismiss.

Judge Partin did sever the perjury charge from the negligent homicide charge in the second indictment and reduced Nodine's bond. Nodine did not appear in court because he is in a federal correctional facility in Miami serving time for a gun charge.

Nodine's defense filed three motions in the case this week.

Click here to read the defense's motion to compel and enforce their agreement with the defense, filed October 24.

Click here to read the motion to dismiss the indictment in the interests of justice, violation of due process and lack of good faith, filed October 26.

Click here to read the motion to dismiss for prosecutorial misconduct, filed October 26.