A Johnson City man who had his 2011 conviction in the 2003 murder of his wife overturned in March will have to wait a while longer to know if he will face a new trial in that case.
Dale Larkin was convicted of first-degree murder for his wife’s 2003 asphyxiation death in February 2011. He was not charged in 34-year-old Teri Larkin’s death until 2009 because it was originally ruled an accident.
Judge Robert Cupp sentenced Larkin to life in prison after his conviction.
The Tennessee Court of Criminal Appeals overturned this conviction, determining there was insufficient evidence to prove premeditation, a requirement in a first-degree murder case.
The CCA remanded the case back for retrial.
If tried again, Larkin can only be tried on a second-degree murder charge.
Larkin was released on $100,000 bond in early April after being transferred from Riverbend Maximum Security Institution in Wartburg to the Washington County Detention Center.
Local prosecutors must decide if they will appeal the CCA’s ruling or take Larkin, 58, back to trial on the lesser charge.
That decision was supposed to have been made by Friday.
The Criminal Court Clerk’s Office in Washington County confirmed that the decision has been delayed.
It is unknown when a decision on the case will be made.
Larkin was also convicted of insurance fraud, which was dismissed by the appellate court.
There were several policies totaling about $1.2 million in effect at the time of Teri Larkin’s death. In a civil court agreement in 2006, her daughter received $500,000 and Dale Larkin received around $730,000.