A judge ordered a Nevada man to stand trial in the suspected killing of his brother in Pershing County but set free a second suspect accused of being an accessory to the crime.
Tim Dale, 49, was bound over to Pershing County District Court on a charge of first-degree murder in the death of his brother, Warren Dale.
James Malone, 61, had been charged with accessory to murder for allegedly covering up the crime. But Judge Carol Nelsen of Lake Township Justice Court found there was insufficient evidence during a preliminary hearing Thursday and his case was dismissed.
Dale also has been identified as a suspect in a federal investigation into the theft of 2,000 pounds of dynamite in Winnemucca in 2001.
The explosives were recovered by federal and local authorities last month in a mine shaft along the Pershing-Humboldt county line about 150 miles northeast of Reno.
While searching for the explosives in an abandoned mine, investigators found the remains of a person they think was killed two years ago.
Malone and Dale were charged Sept. 22, after being arrested based on information authorities received from an informant who led them to human remains. Authorities have not released the identity of the dead man, but KWNA Radio in Winnemucca has identified him as Dale's brother.