A Belmont County man accused of murdering his wife appeared in court on Monday morning.

Rudolph Galberth allegedly shot and killed 37-year-old Amy Butler outside of their Brookside home in June.

Galberth, through his attorney, made a motion to dismiss the case saying he was denied his right to a speedy trial.

However, the judge disagreed.

William Mooney with the state public defender’s office is now representing Galberth.

Galberth requested new representation after the defense asked for a continuance. That was due to a large amount of evidence and the seriousness of the charge.

Mooney read the dates saying it’s been more than 90 days since Galberth’s arrest.

Galberth said he never agreed to waiving his speedy trial rights so Mooney made a motion to dismiss the case.

Prosecuting Attorney Kevin Flanagan told the court the request is without merit.

Flanagan also said there was no objection by Galberth in court when the motions were filed.

Galberth is accused of murder, aggravated murder and having weapons under disability. He faces life in prison.