Update 12:50 p.m.:
Amherst Co., VA - A judge failed to certify charges to a grand jury in Valerio's priliminary hearing Wednesday morning.
Valerio is no longer in custody.
We will have more information on ABC 13 News at 6.
Amherst Co., VA - The suspect in an Amherst County murder that happened nine years ago is back in court Wednesday.
Alex Valerio, 33, is appearing for his preliminary hearing.
Valerio was arrested in Baltimore and extradited to Virginia earlier this year.
He's charged with the murder of Phillip James.
James was found dead in a ditch on River Road in Madison Heights back in January 2004.
We have a crew in the courtroom and will bring you the full story on ABC 13 News starting at 5.