By Associated Press - Wednesday, October 26, 2016

WEIRTON, W.Va. (AP) - A judge has told prosecutors that they have until Wednesday to argue why he should not dismiss a case in which a man is accused of killing another man in Hancock County last year.

WTRF-TV (https://bit.ly/2eQtigw ) reports that Hancock County Judge Jason Cuomo gave the deadline on Oct. 7 due to a lack of a witness list and evidence submission in the case against 23-year-old James Dimirack.

Dimirack was indicted in April on a murder charge following the shooting death of 43-year-old Shawn Heinlein. Police say Dimirack was arguing with family members when a friend of the family called her husband, Heinlein. When Heinlein arrived, he was shot in the chest.

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Hancock County Prosecutor James Davis says that since the indictment, there has been a lack of cooperation from witnesses.

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