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CORINTH, Miss. — Prosecutors will present evidence against a man charged with killing an off-duty state trooper.

Lawyer Jamie Franks tells the Northeast Mississippi Daily Journal that the preliminary hearing on Troy Anthony Eaton’s capital murder charge is set for Nov. 15 in New Albany.

The 43-year-old Rienzi man is charged with shooting and killing Trooper Josh Smith near the Hatchie River south of Walnut on Sept. 30.

Franks says Eaton was defending himself and others.

The sworn statement charging Eaton says Eaton knew the 32-year-old Smith was acting in a law enforcement capacity at the time of the shooting.

Eaton’s lawyers have filed subpoenas seeking a toxicology report on Smith, his personnel file and other information. The state wants a judge to throw those subpoenas out, saying they don’t follow court rules.