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2nd charge added before retrial in Kalispell stabbing death

August 24, 2019

KALISPELL, Mont. (AP) — A Kalispell man accused of fatally stabbing his boyfriend has pleaded not guilty to an additional charge of negligent homicide.

The Flathead Beacon reported Saturday that 34-year-old Ryan Lamb is also charged with deliberate homicide in the August 2018 death of 31-year-old Ryan Nixon.

Lamb’s June trial on the deliberate homicide charge ended in a hung jury. Prosecutors then added the lesser charge of negligent homicide to give jurors an alternative in his next trial.

The retrial was scheduled for September, but the judge postponed it to consider a defense motion to dismiss the case.

Defense attorney Alisha Backus argued that a retrial would be a violation of the double jeopardy clause of the constitution. She says the judge erred by declining to answer jurors’ questions in the first trial.

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Information from: Flathead Beacon, http://www.flatheadbeacon.com

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