Judge Denies Bid to Amend Charge in Iowa Killing

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By Becky Ogann

Story Created: Nov 10, 2009 at 10:06 AM CST

Story Updated: Nov 10, 2009 at 10:06 AM CST

BURLINGTON (AP) - A judge has denied a bid by prosecutors to amend the murder charge against a Burlington man accused of killing his ex-wife and setting her house on fire.

Des Moines County prosecutors wanted to amend the charge against Dennis Richards from second-degree murder to first-degree murder in the death of Cyd Richards last January. His trial is set for Dec. 1.

Judge Mary Ann Brown denied the motion, but she says prosecutors can file a first-degree murder charge against Richards in a new trial document.

Prosecutors could dismiss the second-degree murder charge and refile it as first-degree murder, or proceed to trial as it stands.

Court records show Richards plans to use self-defense, insanity, diminished responsibility and intoxication as possible defenses.

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