One of the three men arrested in a 2014 Nevada County murder case is expected to withdraw his guilty plea on Wednesday, according to District Attorney Jesse Wilson. Nathan Philbrook had pleaded to a reduced charge of manslaughter, in 2018, in the shooting death of a marijuana caretaker in Penn Valley. He was sentenced to 23 years in prison. But Wilson says there are legal problems with the plea agreement…

click to listen to Jesse Wilson

Philbrook had also agreed to testify against the suspected triggerman, Finley Fultz, during a trial that was held in December of 2018…

click to listen to Jesse Wilson

According to the Sheriff’s Department jail log, Philbrook has already been booked, at least for now, on a charge of first-degree murder. But a recent change in the law no longer allows suspects who were only present at a killing to also be charged with murder. A mistrial was declared after the Fultz trial before the judge dismissed the charges against him. That decision is still under appeal. Meanwhile, the third suspect, Daniel Devencenzi, who also pleaded guilty to manslaughter, has died from cancer.