03 February 2011
Defense attorney asks for autopsy review

The News Virginian

A prosecutor on Wednesday convinced a judge to elevate charges against two Waynesboro men accused in a May killing.

Waynesboro Circuit Court Judge Humes J. Franklin Jr. approved a motion by Assistant Commonwealth’s Attorney David Ledbetter to upgrade a charge against Matthew Alan Painter, 36, from second-degree to first-degree murder.

Franklin also amended a charge against Painter’s co-defendant, Nicholas Adam Holloway, 24, from disposal of a human body to principle in the second degree to the murder.

The amended charges came three weeks ahead of a scheduled jury trial. Ledbetter said he made the move upon reviewing a forensic pathologist’s examination of victim, John Kelley Miller, 44, of 260 N. Commerce Ave.

“Our medical examiner will testify … that the probable cause of death was ligature strangulation followed by a beating,” he said.

Read the rest of the story at The News Virginian.

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posted by Chase at 12:10 AM |