JACKSON, Wyo. (AP) — An Idaho judge has found probable cause for a Jackson, Wyoming man to be charged with two counts of first-degree murder in the July 2016 shooting deaths of his girlfriend and her unborn baby at a cabin near Riggs, Idaho.

A second preliminary hearing was held on Nov. 13 after a judge threw out Erik Ohlson's confession to killing 39-year-old Jennifer Nalley, saying investigators questioned Ohlson after he asked for an attorney.

While Magistrate Judge Colin Luke found probable cause, he also criticized the Teton County, Idaho prosecutor for failing to present more evidence at the preliminary hearing.

At Ohlson's first preliminary hearing, prosecutors presented several texts in which Ohlson said he wanted to kill Nalley.

Ohlson's arraignment is set for Dec. 1.

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