Also today, Assistant District Attorney Rick Sitzman has said he plans to dismiss and re-file murder charges against Michael Burton, 20, charged with first-degree murder in the shooting death of Martin Hughes, 47, of Wylie, Texas. Hughes was in Norman to supervise a swimming pool construction project and checked into the Guest Inn, 2543 W. Main St., May 30, 2006. Hughes was shot in the neck the next morning as he sat in his pickup truck in the motel parking lot.

Prosecutors contend Burton and Alexander Hixson, 19, shot Hughes to steal his pickup truck.

Hixson recently pleaded guilty to an amended charge of accessory to murder and other related charges, and was ordered to serve 25 years in prison. As part of the plea negotiations, Hixson will be expected to testify against Burton, prosecutors said.

At a hearing Monday morning, Lucas denied a motion filed by prosecutors requesting the first-degree murder case be remanded back to preliminary hearing, so that a "lesser included charge" of felony murder could be added.

Prosecutors then announced their intent to dismiss and re-file the charges, so the alternative charge could be added,

Prosecutors would be required to prove malice aforethought with the first-degree murder charge. With the alternative charge of felony murder, prosecutors would only have to show that a murder occurred in connection with a felony, i.e. stealing the truck.

With the expected re-filing of charges, Burton will not go on trial until September or afterward, according to court officials.

Sitzman is prosecuting the case, and Schumacher is representing Burton.

Tom Blakey 366-3540 tblakey@normantranscript.com