Correction: This article has been updated to reflect that the latest criminal charge came out of the prosecutor’s office and not from a grand jury indictment .

LINCOLN COUNTY, Mo. – Brian Fredde died July 4, 2019, shot by his brother-in-law Russell Woods in Moscow Mills. The previous Sheriff’s office posted on Facebook that it was self-defense.

Five months later, Lincoln County Prosecutor Mike Wood’s office charged him with second degree murder.

“We were able to seize a video of the actual incident,” the prosecutor said, “From the standpoint of the state, we did not believe that self-defense, at least to the point of deadly force, was not justified in that situation.”

Key to that decision is what prosecutors allege in a probable cause statement that they saw in the video. According to that statement, “The defendant smiles immediately before taking the weapon from behind his back and shooting the victim.”

Prosecutor Mike Wood’s Office has now returned a first-degree murder charge based on reported new witness interviews alleging “The defendant has made comments wondering what it would be like to kill another individual” and that the defendant “made threats against Brian Fredde’s own life.”

Defendant Woods (no relation to prosecutor Wood) was previously free on bond on the lesser charge. The victim’s sister, Tricia Moore, described her turbulent journey telling us, “It’s been a very big emotional roller coaster, from court dates to bond hearings and then cancellations of the court dates and the suspect not spending time in jail.”

Woods is now in custody on a $500,000 cash only bond. He made his initial appearance Friday on the murder 1 charge. He pleaded not guilty.

The defendant’s attorney, Paul O’Rourke said after court that he questions whether prosecutors are seeking justice or if they’re just looking for a conviction. He said this case was originally set for trial on the second-degree murder charge this past June, and he said they were ready to prove their client’s innocence at trial, when suddenly charges were dismissed.

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O’Rourke says it was about a month later when they were filing a motion to get Woods’ property back when the Lincoln County Prosecutor’s Office returned a stronger first-degree murder charge. O’Rourke pointed out we are now five years after incident.

Prosecutor Wood addressed the late changes by saying, “If we believe, even at any moment, that we had sufficient evidence to prove beyond a reasonable doubt that this was a ‘murder one’ and not a ‘murder two,’ then we need to proceed on that ‘murder one’ and if that’s what it takes, that’s what it takes.”

“That evidence came late in the game?” the FOX Files asked. “Yes,” Wood answered.

Next week the court will hold a bond hearing where we may hear from witnesses and see the video.

The defendant’s co-counsel also reached out late Friday, telling the FOX Files she believes video will prove her client’s innocence.

In a statement sent to the FOX Files, defense attorney Shannon Norman says, “The State has indicated in previous hearings, on the record, that they have no intention of calling the lead detective in this case, or the medical examiner, or the toxicologist. All of these witnesses will be testifying for the defense.”

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