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DENVER (CBS4) – A Denver man accused of eating a pot edible he bought at a marijuana shop and then killing his wife will stand trial.

Richard Kirk (credit: Denver Police Department/CBS)

Richard Kirk (credit: Denver Police/CBS)

Richard Kirk faces a first-degree murder charge in the shooting death of his wife, Kristine, 44, in April 2014.

On Thursday Kirk appeared in court and was set to either go back to the Colorado Mental Health Institute for treatment or head into court proceedings that would lead to a trial. The judge decided on the latter.

Last year Kirk plead not guilty by reason of insanity. That plea still stands, but the evaluation indicates he is competent to stand trial.

Kristine Kirk (credit: Family of Kristine Kirk)

Kristine Kirk (credit: Family of Kristine Kirk)

Officials with the Denver District Attorney’s Office say even though Kirk was bound over for trial, it’s still possible that the mental health evaluation supports his insanity defense.

Kirk has been in custody since the murder took place. His defense said he was so impaired by the marijuana that he may not have intended to kill his wife, but prosecutors argue he had the wherewithal to remember the code to a locked gun safe and press the weapon to his wife’s head.

The judge set a trial date of March 6, 2017. The trial is expected to last approximately two weeks.

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