Medford HolmesWILMINGTON, Del. (AP/WBOC)- The Delaware Attorney General's Office says it will retry a man accused of fatally shooting a man in a wheelchair.
The trial of Medford Holmes, accused of first-degree murder, ended in a mistrial in October. Holmes had faced the death penalty, but prosecutors said Thursday they will not seek the death penalty again.
Holmes is accused of killing 35-year-old Antonio Smith as Smith sat in his wheelchair outside his Wilmington home in April 2011. A man walked up to Smith and shot him once at point-blank range in the chest. According to family, Smith had been paralyzed in a previous shooting years earlier.
Holmes' lawyers argued at his trial that the police investigation was flawed and the state's case against him was weak.
A trial date will be set later this month.
