MOSCOW - The first-degree murder charge for a Moscow man who allegedly shot and killed another man in a Moscow trailer park last month was amended to second-degree murder Tuesday.
Nathaniel H. Nisbet, 28, still faces up to life in prison if found guilty of the charge, but it no longer alleges a premeditated motive. Magistrate John C. Judge approved the amended charge Tuesday morning in Latah County.
Nisbet is accused of shooting 42-year-old Charles (Pat)
McMichael during a confrontation Nov. 10 at the Bel Air Mobile Home Park on North Polk Extension in Moscow. McMichael died at Gritman Medical Center after the incident.
A preliminary hearing for Nisbet was scheduled for Tuesday, but Judge postponed it until 9 a.m. Dec. 19 based on an anticipated timeline for when evidence would be prepared.
Latah County Prosecutor William Thompson Jr. said his office is having technical difficulties with some of the recorded interviews that he hoped to have resolved by Tuesday afternoon. He is also waiting for some evidence that was sent to the state lab for testing to be returned, which he said would likely take two weeks.
Deborah McCormick, Nisbet's attorney, said it would then take her some time to go through all the evidence once the prosecution is able to pass it along.
McCormick also requested that Nisbet's bond be reduced from $300,000 to $150,000, but Judge rejected that proposal Tuesday. He said he still had public safety concerns and concerns that Nisbet posed a flight risk.
The bond amount also reflected the magistrate's concern for Nisbet and his stability. Judge said he was considering Nisbet's safety and did not feel comfortable lowering the bond.
Nisbet is in custody of the Latah County Jail.
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Rudd may be contacted at erudd@lmtribune.com or (208) 791-8465. Follow her on Twitter @elizabeth_rudd.