HELENA — Nearly four years after the killing and robbery of Michael Biggs occurred, a second trial is underway.
Robert Harvel appeared in District Court Judge Christopher Abbott's courtroom for a bench trial, which means there is no jury and the judge will reach a verdict.
(WATCH: Trial begins for Helena man accused of involvement in 2022 murder near Rimini)
Harvel is charged with deliberate homicide or accountability to deliberate homicide, and tampering with evidence.
He changed his plea from not guilty to guilty in February 2024, but then withdrew that plea in October of the same year.
The first day of the trial included testimony from law enforcement that investigated the case, and witnesses, one of whom says he helped Harvel and his co-defendant, Brandon Beckman, remove a car from being stuck in the snow and ice.
Another witness was the woman who found the body of Biggs while scouting a place to snowmobile with her husband.
Harvel's defense attorney, Shandor Badaruddin, said Harvel was asked to take Beckman and Biggs to Rimini to buy methamphetamine, and he was "unaware of any intent to rob."
The defense attorney also said that he was only involved because he had a car, and the other two did not.
He claimed the shooting took place while Beckman and Biggs were switching seats in the car, and then Beckman threatened Harvel.
"Beckman told Mr. Harvel at gunpoint, 'You're going to get me out of here. Let's go-' and the car stuck in the ice,"
The prosecution decided not to make an opening statement, saying "the court is fully aware of the circumstances."
Beckman was sentenced to 100 years in October of 2023, also in Judge Christopher Abbott's courtroom, but it was with a jury trial.
The jury found him guilty of being culpable of Biggs' death by participating in his robbery, but found him not guilty of deliberate homicide.
Beckman was also found guilty of tampering with evidence.
The state was looking to call on Beckman to testify during the trial, but he is refusing to speak.
Lewis and Clark County Attorney Kevin Downs said, "I think the state's in a position where we could expend the resources to bring him down here, but there won't be any participation."
Badaruddin said that Harvel will testify during the trial.
