HASTINGS, Minn. (AP) — A Dakota County judge has ruled that a rare two-county indictment against a man charged with killing a police officer is legal.

Thirty-nine-year-old Brian Fitch Sr. has pleaded not guilty in the July 30 shooting death of Mendota Heights police officer Scott Patrick.

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He’s charged with first-degree murder in Patrick’s death in West St. Paul, in Dakota County, and with attempted murder for shooting at police during his arrest the same day in St. Paul, in Ramsey County.

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In an order filed Friday, Judge Mary Theisen rejected a defense effort to void the indictment and separate the murder case from the attempted murder case. She agreed with prosecutors that the two offenses were closely related in location and time.

The same judge Tuesday ordered the trial moved to St. Cloud.

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