VIRGINIA BEACH, Va. — The case against one of two men accused of killing a woman at a Virginia Beach Harris Teeter gas station in 2021 is moving forward.
Tuesday, the prosecution withdrew Darius White's first degree murder charge, but White still faces one count of aggravated murder, which if convicted, would earn him life in prison without the possibility of parole.
White also faces one count of possession of a firearm by a felon, four additional robbery charges and three counts of using a firearm in the commission of a felony.
In December of 2021, police say White and his brother Michael shot and killed 65-year-old Annie May Smith.
Prosecutors say Smith and her husband were filling up their car that the Harris Teeter gas station in the Haygood Shopping Center when the White brothers robbed Smith's husband at gunpoint, took his wallet, then shot her three times in the chest.
Tuesday, Virginia Beach judge Jim Lewis selected a jury for the trial, which is expected to last several days.
White also faces one count of possession of a firearm by a violent felon which will be tried at a later date.
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