Instead, a murder charge against Miljus was delivered to the trial court level, where a jury could decide his fate.
Authorities have said he hit Bencum over the head with an orange aluminum baseball bat.
The couple’s teenage son told police he had arrived home May 17 and found his father with blood on his face and saw his mother bleeding from her head.
Miljus gave the boy $20 and told him to leave, according to court records. The boy ran to a gas station and called police.
When police searched for the woman at the Summerhill Pointe Apartments, no one answered the door, so officers broke a screen off of a window to climb inside, a police report stated. Opening the door to the bedroom, they saw a woman lying on the bed with a head injury.
Miljus was sitting next to her, a kitchen knife in his lap and blood covering his clothing and hands. The orange aluminum baseball bat was on the carpet by the apartment’s front door, the report said.