The man accused in an April shooting at the Norge Farm Fresh waived his preliminary hearing on Sept. 8, according to Commonwealth's Attorney Nate Green.
Brian Alexander Hicks, 55, is charged with second-degree murder and use of a firearm in commission of a felony in connection with the death of Gabriel Ryan Maness, 34, at the Norge Farm Fresh on April 17.
Maness, an Army veteran, was shopping for jelly doughnuts for his pregnant wife, Kristy, and 5-year-old daughter Brielle at the time of the incident, according to Williamsburg-James City County General Court documents.
Police located Hicks about five feet away from Maness' body on arrival to the grocery store just after 8 a.m., according to court documents.
The preliminary trial would have determined whether there is probable cause to believe the defendant committed a felony, court documents state.
With the preliminary trial waived, a grand jury will determine if probable cause exists to take Hicks' case to trial on Sept. 20.