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Amherst man charged with murder will stay in jail after being released on $25,000 bond

Jacob Paul Lincoln, 32, of Amherst. (Mugshot)

LYNCHBURG, Va. (WSET) -- A murder suspect, once released on bond, will now be back in jail.

A Nelson County Circuit Judge ruled against Jacob Lincoln, the Amherst man charged in the shooting death of James Spencer.

On Thursday, the judge ruled whether Lincoln would remain out on bond even though there is a long way to go before this case makes it to trial.

Lincoln was released on a $25,000 bond earlier this month.

Commonwealth's Attorney, Daniel Rutherford appealed that bond in court on Thursday, saying Lincoln should stay behind bars until the trial.

Circuit Court Judge Michael T. Garrett agreed and revoked Lincoln's bond.

Lincoln is charged with second-degree murder after the Nelson County Sheriff's Office said he shot and killed Spencer last month because he suspected Spencer was having an affair with his wife.

The police report shows that Lincoln's wife was with Spencer early that morning.

After finding them, investigators said Lincoln and Spencer starting arguing and that's when Lincoln shot Spencer.

Defense attorney Joseph Sanzone argued Lincoln fired the gun in self defense.

The court is waiting on autopsy and toxicology results to confirm his argument.

Sanzone also says Spencer was wanted on felony charges.

"He was using drugs, he was known for violence, he threatened my client," Sanzone said. "One shot was fired as he charged my client. The type of ammunition that was used would not kill a person unless they were right upon another."

The Commonwealth's Attorney's office declined to go on camera.

The case is expected to go to trial sometime in September.

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