PORTLAND, Ore. (KOIN) — The attorneys for Michael Wolfe, accused in the murders of Karissa and Billy Fretwell earlier in 2019, were in court Friday on a motion to dismiss a count of aggravated murder in the case.

Wolfe, 52, was originally facing 3 counts of aggravated murder. But because of a new Oregon law modifying what crimes fall under the only charge that could bring the death penalty, he is now facing just one count of aggravated murder, plus 1st-degree murder and kidnapping charges.

michael wolfe 06072019
Michael Wolfe, June 2019 (KOIN)

He’s accused of killing 25-year-old Fretwell and their son, Billy, in May. Their bodies were found about 10 miles outside the city of Yamhill in June after they were reported missing several weeks earlier.

Even though Senate Bill 1013 precludes Wolfe from facing the death penalty for Karissa, he still faces it for Billy.

His lawyers argued Friday that under the new law he should not face it for Billy, either.

But Yamhill County DA Brad Berry told KOIN 6 News in November, “Senate Bill 1013 continues to include as an aggravating factor the death of a child 14 years of age, and Billy was 3 years of age.”

On Friday, the judge took the motion under advisement and will review the filing. DA Berry does not expect the decision to take very long.

KOIN 6 News will continue to follow this case.