SANTA ANA, Orange County - A mistrial has been scheduled for a man charged with second-degree murder for killing his girlfriend when they were sitting in the car in Irvine in December 2002.
David Rodgers, 43, is facing a third trial on Oct. 19 for the murder of Jeanie Wheeler, 44, of Lancaster, in Irvine.
In 2005, his charge of second-degree murder was overturned by the District Court of Appeal.
Rodgers has been charged with other crimes before, including false imprisonment and grand theft. He was convicted of sexual assault in 1990 and sentenced to 12 years in prison.
His criminal defense attorney argued in the trial that Rodgers and his girl friend both had drug problems and were methamphetamine users. She was killed during the fight for the gun.
Rodgers was on a meth binge when he killed Waterson-Wheeler.
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