BUFFALO, Mo. — Timothy Norton, one of the men accused of kidnapping and killing Cassiday Rainwater at a property on Moon Valley Road in Dallas County, waived a chance to hear evidence in the case against him Tuesday.

Norton and his attorney waived his preliminary hearing. The judge set an arraignment for February 22. Norton and his lawyer will appear via video at that court date.

Norton has pleaded not guilty to charges of first-degree murder, kidnapping, and abandonment of a corpse. The other man charged in Rainwater’s death, James Phelps, faces the same charges but has not entered a plea. Phelps was just assigned a new attorney, who is experienced in death penalty cases, though prosecutors have not said whether they will seek the death penalty in either case. Phelps is expected in court February 18 for a criminal setting.