HARTINGTON, Neb. — A Louisiana man accused of murder moves closer to jury trial but with a new judge on the case. 

David Phillips is accused of shooting a co-worker after an argument broke out in March 2023. 

The state put forward a motion to clarify if the alleged use of marijuana by Phillips and past work history could be used during trial. 

They argued that while Phillips’ work history prior to the incident is not necessary, any work history with the victim is. 

Phillips attorney agreed with the state on work history but the alleged marijuana use on that day is not relevant. 

Despite the state saying eyewitnesses show Phillips using marijuana on March 1, Judge Bryan Meismer said without a positive drug test, any marijuana use on that day is considered irrelevant. 

Judge Bryan Meismer took the motion under advisement but said both parties would need to come to an agreement on the history. 

A second motion put forward by the state was granted to strike out any evidence of the victim’s health. 

Jury trial is scheduled for April 15. 

Due to prior commitments, Judge Meismer will not oversee the jury trial. 

Retired Grand Island Judge Mark Young will now oversee the rest of the case.