Nodine: Negligent homicide charge tossed

BAY MINETTE, Ala. (WALA) - Judge Charles Partin had a big decision: Dismiss the Steve Nodine case or let the state proceed and try Nodine again for murder. The judge heard the arguments and ruled, saying Nodine will face another jury on the murder charge.

"We are proceeding with the theory that Steve Nodine caused the death of Angel Downs by shooting her with a gun," said special prosecutor David Whetstone.

Whetstone, who was appointed to the case by the Attorney General's Office, said his theory on what happened that night has never changed. Defense attorney John Beck disagrees. He said the state keeps changing its story.

"It's exactly as I predicted, that the state of Alabama is going to try to have a very flexible theory in this case because they are not willing to admit on the record that this was a suicide. They are going to wait and see what kind of evidence comes out at trial and hope something sticks on the wall," said Beck.

Whetstone said along with murder, he will also try Nodine for stalking and perjury. He also said he has new evidence to present in this next trial. Beck said he just wants a straight answer from Whetstone.

"Now, we're going to have to file a motion to ask the judge to order the state to give us a more definite statement. What is your theory? Just tell us what you believed happened," Beck said.

The motions to dismiss were based on the latest grand jury indicting Nodine for criminallly negligent homicide and not murder. Beck said Baldwin District Attorney Hallie Dixon had promised to dismiss the murder indictment and Beck believed the state should be forced to keep their promise.

Beck also believed that since the latest grand jury handed up negligent homicide, the previous indictment of murder should not be a choice by the state. Although the judge disagreed with those motions, another motion to dismiss hearing is scheduled for December.

A second trial date has not been set. Steve Nodine remains in custody in Miami, serving time for a federal gun charge.