HENRICO, Va. (WWBT) - A Henrico man faces a first-degree murder charge in connection to the death of his stepson in October 2019.
Henrico Police responded to a reported shooting around 8:45 a.m. Oct. 9, 2019 in the 1500 block of Edenburry Drive.
Upon arriving at the scene, officers found Neil Matthew Waters, 40, dead.
Randolph Smith, now 62-years-old, was arrested and initially charged with 2nd degree murder.
On Tuesday, a grand jury indicted Smith on charges of murder in the first and second degree and use of a firearm in the commission of a felony.
“The prosecution can choose which indictment to proceed on,” said NBC12 legal analyst Steve Benjamin. “They can proceed on both (first and second degree murder) if they wish, but they don’t need to.”
Benjamin said the prosecutors sometimes add a second-degree murder charge as a matter of strategy.
“If they go with first degree, they can ask the jury be told they can convict of that, or any lesser included offenses, such as second-degree murder or voluntary manslaughter," he added.
Police have not released a motive in the crime.
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