FOLEY, Alabama — Officials have decided to pursue second indictment murder, stalking and perjury charges in the Steve Nodine case on the death of Angel Downs, according to Lead Prosecutor David Whetstone on Thursday.

 He said that Baldwin County Circuit Judge Charles Partin will determine the next step in the Nodine case on Nov. 16.

 “”The judge has some tough calls,” he said. “We feel comfortable…we're preparing for an argument.”

 “I think he (Partin) means what he says—he wants this case to move.”

 There will not be another grand jury, nor any charges added, according to Whetstone.

 “Together with the attorney general we made the decision (to pursue the second indictment),”Whetstone said.

 He explained that he still needs to hear some of the testimony from experts and that he must study documents filed by District Attorney Hallie Dixon.

 Dixon filed a letter on Saturday stating that she doesn't believe Nodine can be tried for murder because a grand jury no-billed that charge in August.

 Nodine is currently in a Florida prison on a federal gun charge; he was indicted for murder after his mistress, Angel Downs, was found dead in the driveway of her Gulf Shores condo on May 9, 2010. She had been shot once in the head. Nodine served as a Mobile County commissioner at the time of his arrest.

 Whetstone moved into the position of lead prosecutor in mid October.

 “No one knows exactly how the facts will come out,” he said, “…I believe the evidence (against Nodine) is very strong.”

 Whetstone referenced during his October lead prosecution acceptance, the fact that Nodine was indicted on a murder and stalking charge initially. A jury, however, deadlocked on those charges in December 2010. Dixon, who came to office after defeating Baldwin County District Attorney Judy Newcomb, the incumbent, took evidence from the case and presented it to a special grand jury this past August. Charges of criminally negligent homicide and perjury were handed down against Nodine as a result.

 The special grand jury no-billed charges of felony murder, stalking, reckless manslaughter and heat of passion manslaughter.

Graham Heath contributed to this piece.