DENVER (CBS4) – The state mental hospital says it needs more time to examine a Denver man, accused of eating marijuana-infused candy he bought at a legal pot shop and then killing his wife.

Richard Kirk has been charged with first-degree murder in the shooting death of his wife, Kristine, 44, in April 2014. Defense attorneys have suggested that Kirk was so impaired by “Karma Kandy Orange Ginger” that he may not have intended to kill her.

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(credit: Family of Kris Kirk)

(credit: Family of Kris Kirk)

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Just before she was shot, Kristine Kirk told dispatchers that her husband was acting more drunk than violent, crawling through a bedroom window and cutting his legs on broken glass. 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.

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Doctors at the Colorado Mental Health Institute in Pueblo should release more information about Kirk’s evaluation in September.