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HUNTSVILLE, Alabama — A man adverse basic annihilation accuse in the Jan. 15 assault afterlife of admired Huntsville artisan Wade Wharton will accept to delay to apprehend the state’s case adjoin him, afterwards a adjudicator today accepted his appeal to reschedule a basic hearing.

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The constancy appeal by advocate Robert Tuten, on account of 19-year-old Ervin Akeem Tolbert, was accepted today by Madison County Commune Adjudicator Schuyler H. “Dick” Richardson. Tuten’s filing Friday cited an out-of-town battle for the advocate on the appointed basic audition date of March 6.

Richardson accepted the constancy but no new date for the basic audition has been set. The basic audition is acclimated by the commune cloister adjudicator to actuate if there is acceptable affirmation to move the case advanced and present it to a admirable jury.

Tolbert faces two counts of basic annihilation in the assault afterlife of his acquaintance Wharton, 76. Wharton a well-regarded metals sculptor was remembered Sunday at a accession at the University of Alabama in Huntsville.

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Wharton came to the public’s absorption in 2008 back the burghal cited him for “improper accumulator of junk” in his southwest Huntsville yard. He had continued calm $.25 of metal and added castoffs he acclimated to actualize sculptures he placed about his home. Afterwards The Huntsville Times appear on his battles with the city, Wharton developed a afterward of adherent admirers of his art, abounding of whom stepped in to advice him apple-pie up the bags of what the burghal declared junk.

He eventually pleaded accusable to the allegation of befitting clutter in his backyard and, in exchange, accustomed no accomplished from the city.

Tolbert is answerable with basic murder-robbery and basic murder-burglary. He is declared to accept dead Wharton about 4 a.m. in the barn breadth of Wharton’s home on Nassau Drive.

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The aegis has asked the case to advertise if it will seek the afterlife penalty, but the Madison County Commune Attorney’s Office has not yet fabricated a accessible account on the issue. 

Jay Town, the abettor Madison County commune advocate who is prosecuting the case, said the accuse are appropriate.

“The basic allegation is added than justified by the abhorrent and abominable address by which this annihilation was committed,” Town said.

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Al.com agents biographer Tiffany Donaldson contributed to this story.

Updated at 8:50 p.m. to accommodate Town comment.

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