A Delburne man charged with sexually assaulting his wife before he was alleged to have killed her, waived his right to a preliminary hearing on the sexual assault charge on Friday.
Brian Clarence Volker, 49, was to have a hearing on the sexual assault charge on Friday and Monday.
But he will now go to Red Deer Court of Queen’s Bench on Feb. 1 to have a trial date set, likely for next fall. He is also charged with unlawful confinement and pointing a firearm in the Jan. 9 incident.
The dead woman’s words could form part of the testimony at that trial.
Court heard earlier that testimony will include three RCMP officers and the woman’s statement to police concerning the alleged sexual assault.
Her words would be allowed through a precedent-setting case upheld by the Supreme Court of Canada called a KGB statement — named for three defendants with the initials of their last names.
The accused made a brief appearance dressed in a cream-coloured checkered shirt and jeans, while he listened to his lawyer Patty MacNaughton waive the preliminary.
Meanwhile, a separate preliminary hearing is set for March 15 to 19 in Red Deer provincial court on the murder and other charges.
Volker, who remains in custody, is also charged with breaking and entering and committing an offence, using a firearm to commit an offence, using an imitation weapon to commit an offence, assault with a weapon and careless storage of ammunition.
He was charged with those offences on Feb. 23 after Debi Volker, 44, was found dead in her Delburne home. She was a popular teacher’s assistant at Delburne Centralized School.
Volker was arrested later that morning at a farm near Delburne.
A preliminary hearing is held to determine if there’s enough evidence to warrant the accused stand trial in Court of Queen’s Bench.