T-L Photo/GAGE VOTA Alleged murderer 23-year-old Virginia native, Sandton Browder appears in Belmont County Common Pleas Court for another pre-trial hearing.

ST. CLAIRSVILLE – Belmont County Common Pleas Court Judge Christopher Berhalter overruled a motion from the attorney of a Bellaire man accused of murder to separate the two charges he currently is facing.

Virginia native Sandton Browder, 23, is being held in the Belmont County Jail on $3 million bond on one charge of murder and one charge of having a weapon while under disability.

Browder allegedly shot and killed 24-year-old Jordan Dean of North Carolina at a Bellaire home on Jan. 15.

During a hearing Monday morning, Browder’s attorney, Belmont County Public Defender Aaron Miller, made a motion for Browder to waive his right to a jury trial on the weapons under disability charge. Belmont County Prosecutor Kevin Flanagan responded that he believes the court should sever the trials into two separate proceedings — one for the murder charge and one for the weapons under disability charge. His vision would be that the jury would decide the murder charge, while Berhalter would consider the weapons under disability charge.

Berhalter said he agreed granting Browder’s waiver of a jury trial effectively would sever the two counts.

“I understand what you’re stating, but how do I prohibit a defendant from waiving his right to a jury on one of the counts?” Berhalter asked Flanagan.

Flanagan replied he does not believe Berhalter would be prohibiting Browder from waiving his right to a jury trial.

“If, in fact, he says to you, he signs the form of judge on waiving it as to count two weapon under disability, then essentially we present everything, because some of those … elements overlap with that we have an operational gun,” Flanagan said. “Ultimately, we present all of that to the jury, including information that, in fact, the defendant was under a disability. But when the court reads the instruction to the jury, it only reads the instruction as to murder and gun specification, because they are the triers of fact as to the murder and gun specification charge. This court will separately consider whether or not the state has presented enough evidence regarding a weapons under disability.”

Berhalter replied he, Flanagan and Miller could determine at a later time what evidence would be presented to the jury.

He then asked Miller whether Browder wished to waive his right to a jury trial on the weapons under disability charge.

“Your Honor, until that is hashed out, then the answer to that would be no,” Miller said.

Berhalter informed Miller his motion was overruled. He then asked Miller whether he planned to file an additional motion. Miller replied the issue needed to be briefed by both sides and told Berhalter he would need 14 days to determine whether he would file an additional motion.

Berhalter then scheduled another pretrial hearing for June 15 at 10 a.m. and set a plea agreement deadline for July 13 at 10 a.m.