(NEWS CENTER) -- A judge in the Noah Gaston murder case is questioning a key interview in the state's argument.
On January 14th, Noah Gaston shot and killed his wife, Alicia. He claims he thought she was an intruder and he shot her by accident, but the state says it was knowing and intentional murder.
When arguing that Gaston intentionally murdered his wife, Alicia, the state put a lot of emphasis on a statement taken from Gaston's eight year old daughter just after the shooting. The police affidavit suggested that the young girl heard her parents arguing before the gun went off. Justice Michaela Murphy reviewed the recorded interview and disagreed with that conclusion.
After reviewing the recording, the judge determined that nothing in it points to the young girl hearing her parents fighting before the gun was fired. It goes on to say that there is still probable cause to charge Noah Gaston with intentional murder, but also noted that the standard for probable cause is "a relatively low one."
Gaston's defense attorney told NEWS CENTER that he is happy to see the judge reviewed the evidence so closely. He also said the decision shows the state can proceed with its murder case, but he believes it will have a hard time meeting the high burden of proof standard they will be held to at trial.
The Attorney General's office is prosecuting the case. NEWS CENTER reached out to the office but our call was not returned.
Judge Murphy also ordered a hearing regarding whether bail should be set in this case, and that will take place on Tuesday.
