JOHNSON CITY, Tenn. (AP) -- A Johnson City man, previously convicted of drowning his wife in a bathtub, has been released on bond while prosecutors decide how to deal with his conviction being overturned.
According to The Johnson City Press, Dale Larkin was freed from the Washington County Detention Center under $100,000 bond Monday night.
The Tennessee Court of Criminal Appeals ruled there was insufficient evidence to support a verdict of first-degree murder because premeditation in Teri Larkin's 2003 death could not be substantiated. The court sent back the case, ruling Larkin could be tried on no greater a crime than second-degree murder.
The prosecutor must decide whether to proceed against Larkin on a lesser charge of appeal the appellate court ruling to the Tennessee Supreme Court.