Adan Rodriguez in court today for murder charge - WSLS 10 NBC in Roanoke/Lynchburg Va

Adan Rodriguez in court today for murder charge

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UPDATE: The judge denies a motion to strike premeditation for charge.

The judge says there is plenty of evidence to support first degree murder.

Investigators say they recovered the murder weapon from a playground in Mecklenburg, North Carolina where Rodriguez's brother lives nearby.

It's also the spot where Rodriguez hid his car. 

Ashley Rodriguez's brother was in court visibly shaking in response to the evidence presented.

When the attorney pointed out Ashley's kids had been at the cemetery when the murder happened, her brother stood up and started shouting at Rodriguez.

Officers removed the man from court.

Rodriguez was accusing his wife of having an extramarital affair.

Investigators say Rodriguez admitted to going through her phone and claims he saw text messages from another man. 

Investigators testified that four kids were at the cemetery when the mother was killed.

He admits to there being an altercation and says the 12 gage shotgun accidentally went off.

Investigators say, in an interview with Rodriguez, he said he bought a box of shells hours before she was killed.

He also admits to burying her body.

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Murder suspect Adan "Manuel" Rodriguez will be in Alleghany County General District Court today for a preliminary hearing.

Rodriguez is suspected of killing his wife Ashley Kimberlin Rodriguez in May.

Ashley's body was found at Alleghany Memorial Park in Covington, the cemetery where her husband worked.

Adan Rodriguez is charged with first degree murder.

His hearing is set for 10 a.m.

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