Judge Questions Charge in Bismarck Homicide Trial

BISMARCK, N.D. (AP) — The judge overseeing a homicide trial in Bismarck is questioning whether prosecutors filed the right charge in the case.

Twenty-year-old Joshua Clark is on trial on a charge of conspiracy to commit murder. Authorities allege that Clark and 26-year-old Theo Crowe conspired to kill 18-year-old John Swain, who had recently moved to Bismarck from Sioux Falls, South Dakota, when he was killed and dismembered last year.

Crowe pleaded guilty in the case last October. On Tuesday he refused to testify against Clark. Judge Bruce Haskell questioned whether an accomplice or facilitation charge might be more appropriate against Clark. But he denied a defense motion that Clark be acquitted on the conspiracy charge.

Authorities allege Clark and Crowe killed Swain, cut off his legs and hid his body in Montana.