JACKSON, MI - Jackson County Prosecutor Jerry Jarzynka said he has not yet decided whether his office will reissue charges against an ill man who shot and killed his son in 2014.
He and his staff are reviewing Circuit Judge Thomas Wilson's decision last month to dismiss the case involving Eldon Huffman for "lack of progress."
"We do have a victim in this case, we do have family members of the victim who want to see the case prosecuted," Jarzynka said.
"There certainly are different things that need to be considered."
It is likely the office will again charge Huffman, who twice shot his son Jared Huffman, 31, in January 2014 in the mobile home the two shared in Spring Arbor Township.
He was charged shortly after the homicide with open murder and possession of a firearm to commit a felony.
Huffman contends he acted in self-defense, but his poor health has long-delayed the case. His lawyer, Eric White, has said he could not withstand a trial.
Jarzynka said Huffman's condition is a legitimate issue, and as prosecutor he must look out for the rights of all involved, including the defendant.
A trial did begin in September 2014, but Wilson declared a mistrial on its second day when it became clear Michigan State Police had not disclosed all their collected information to the prosecution and the defense.
Jared Huffman was hit once in the leg and again in the back of the head. The elder Huffman said his son had assaulted him and he believed Jared Huffman was going to retrieve a gun.
A state police detective identified problems with Huffman's statement.
Huffman's lawyer has criticized the state police investigation as plagued by errors.