SAN DIEGO (CBS 8) - A judge refuses to toss charges against a man accused of killing his girlfriend with a homemade cannon.
Richard Dale Fox was ordered to stand trial for the death of 38-year-old Jeanette Ogara in March 2012.
An improvised mortar device exploded and blasted shrapnel through his trailer in Potrero hitting Ogara in the chest and killing her.
Ogara's 4-year-old daughter and her friends were sleeping in the trailer at the time and were not hurt.
Fox is charged with three felonies. Fox's attorney argued the incident was a tragic accident and not premeditated murder.
Trial is set to begin June 17.