ST. JOHNSBURY, VT. >> A superior court judge in Vermont has dismissed a first-degree murder charge against a man accused in the 2010 shooting death of a 78-year-old Sheffield grandmother.

Judge Michael Kupersmith also on Wednesday granted a motion to move the trial of Keith Baird in connection with the death of Mary "Pat" O'Hagan out of Caledonia County due to concerns about being unable to select an impartial jury.

Baird, along with two co-defendants, remains charged with kidnapping and burglary in the case. He has pleaded not guilty.

State police say O'Hagan was shot in the back of her head in September 2010 during a nighttime home invasion in Sheffield.

Attorney Bob Katims successfully argued that the state is unable to prove that Baird either killed O'Hagan or intended to kill her.