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McElderry’s plea agreement denied, trial set

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POLSON — A request to reaffirm Adrian McElderry’s guilty plea and set a date for sentencing was denied in District Court Aug. 26.

McElderry, 32, is accused of killing his wife, RaeLynn Charlo, 29, on Nov. 18, 2014 in their Charlo residence. He was charged with deliberate homicide, to which he pleaded not guilty at his arraignment Dec. 4, 2014. On May 21 he changed his plea to guilty, but to a lesser, amended offense — mitigated homicide — in a plea agreement between McElderry and the county attorney.

The court rejected the May plea agreement because the offenses proposed were reduced and the victim’s family disagreed with the plea agreement, according to court documents.

The matter came before the court again on Aug. 26.

“The court has no obligation to rubber stamp agreements between the County Attorney and the Defendant,” Christopher wrote in a court document. The court set a jury trial date for Dec. 7, allowing the State to present a jury with information “which will allow the Defendant’s jury of his peers to determine the appropriate verdict,” according to Christopher.

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