A woman charged in connection with an attempted robbery that turned fatal had her trial pushed back while prosecutors wait for a West Virginia Supreme Court opinion.

Melody Fisher is accused of being involved in an attempted armed robbery at the Elm Grove Pharmacy on May 25, 2012. During the incident, Fisher's alleged accomplice -- Kevin Walnoha -- was shot and killed by the pharmacist.

The Supreme Court comes into play because the court is determining its opinion on felony murder charges against co-conspirators. The trial didn't start because prosecutors are awaiting the finalized state Supreme Court opinion about felony murder charges before prosecutors make a final decision on the charges Fisher faces.

"(The state Supreme Court) issued an opinion indicating that felony murder may not be appropriate in this instance where a co-conspirator is killed," Ohio County prosecutor Scott Smith said.

After that opinion comes down from the Supreme Court, Smith will make a determination as to how it will affect Fisher's case.

The felony murder issue before the Supreme Court stems from a 2011 Hancock County case in which an intended burglary victim shot and killed an intruder at the A&M Quick Mart. The surviving burglary accomplice was charged with murder, but the Hancock County Circuit Court dismissed that charge. Later, the Supreme Court denied the prosecutor's appeal to keep the felony murder charge against the alleged accomplice.

In the Elm Grove case, investigators said Walnoha, of Wellsburg, entered the pharmacy armed with a .45-caliber handgun wearing pantyhose over his face and a latex glove. Police said once inside, Walnoha held two female clerks at gunpoint as he tried to rob the pharmacy. Shortly after, investigators said, a pharmacist pulled a gun and shot Walnoha three times, killing him.

It was later determined through investigation that Fisher, of Beech Bottom, was waiting in the vehicle outside the pharmacy for Walnoha.

At a hearing on Monday in Ohio County Circuit Court, several people testified including troopers, investigators and a pharmacy worker. The worker said she spoke with Fisher about a wrist brace inside the pharmacy just before the attempted armed robbery.

The pharmacy worker was shown surveillance photos of the robbery while attorneys made sure the story checks out on both sides.

Prosecutors and defense attorneys went over the process of identifying Fisher as a person involved in the incident. Instead of a typical photo array, investigators retrieved a picture from Walnoha's Facebook page.

The process was part of a pretrial hearing in lieu of the trial itself, which was initially scheduled for today. Instead of the trial, a suppression hearing was held on Monday so the court can determine what evidence will go before the jury during the trial.

Fisher's trial is expected to take place in January. Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.

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