ELLENDALE - A man accused of killing his estranged wife has been charged with two new counts of murder, but attorneys negotiating a plea agreement say a lesser charge is possible.
Kim Casey, 39, of Ellendale, waived his right to a preliminary hearing Thursday in Southeast District Court. Authorities say Casey shot his wife, Cindy, 32, to death at his home in May 2003.
He is charged with two counts of Class AA murder, each of which carries a maximum penalty of life in prison without parole. Casey did not enter a plea to the charges on Thursday.
Court records show Casey and his wife were divorcing, and that he had alleged he was a victim of domestic violence. He uses a wheelchair as a result of a work-related injury.
Divorce papers filed by Kim Casey in Dickey County allege Cindy "perpetrated acts of domestic violence" against her husband, whom she married in Leola, S.D., in 1991.
At one point in the couple's divorce proceedings, a temporary restraining order barred Cindy from Kim Casey's home.
Casey's attorney, Timothy Purdon, of Bismarck, told Southeast District Judge Richard Grosz that he has discussed a possible plea agreement with Jonathan Byers, an assistant state attorney general.
When asked by Grosz, Byers said the two sides have discussed a manslaughter charge. Grosz did not set a deadline for plea negotiations.
Casey had earlier pleaded not guilty to Class A murder, which is punishable by up to 20 years in prison. That charge was dropped.
Posted in State-and-regional on Wednesday, July 21, 2004 7:00 pm Updated: 7:10 pm.
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