The Crown will be downgrading the murder charge for one of two men arrested after a deadly roadside shooting near Calgary in August.
Arthur Wayne Penner, 35, was originally charged with first-degree murder and attempted murder.
But the prosecution has indicated in court Penner will now be facing trial on second-degree murder instead.
The second suspect, Elijah Blake Strawberry, 28, was arrested at a residence in O’Chiese First Nation last month and charged with second-degree murder and attempted murder.
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They were caught after a manhunt that began Aug. 6 following the fatal shooting of one man and the wounding of another who were working along a roadway in Rocky View County, east of Calgary, when a county truck was stolen from the scene.
The two men, who will be tried together, will be back in court Oct. 17.
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