A former Kanawha County sheriff's deputy scheduled to go on trial today for a second time for second-degree murder has instead pleaded no contest to a lesser charge.
Wade Davis pleaded no contest to voluntary manslaughter this morning in Kanawha County Circuit Court.
With a no contest plea, a defendant does not admit guilt but acknowledges there is enough evidence for a conviction.
In December of 2004, a jury found Davis guilty in the stabbing death of an 18-year-old Sissonville man during a 2003 fight outside a gas station. The Elkview man was sentenced to ten years in prison.
The state Supreme Court overturned the second-degree murder conviction in April, deciding that Judge Jim Stucky failed to properly answer a question from the jury about the role of intent.
Davis' new sentence will be handed down September 24th. He again faces up to ten years.
Davis resigned from the sheriff's department in 1998 after accidentally shooting and wounding another deputy.