It looks like a Brownwood man will go on trial, as planned, next month for capital murder.
Matthew Navarro, 23, has been denied a motion to dismiss the case against him. Navarro is one of four men charged in the shooting death of Ronald Philen.
Brownwood police say Navarro and three other men broke into Philen's home in December of 2009 to steal marijuana. The deal turned bad, and ended in Philen's death.
Navarro's lawyer claims some evidence was never collected or properly preserved. Jury selection in navarro's trial is still set to start June 2.
The three other men indicted in Philen's murder are all serving prison sentences for the crime.