Prosecutors initially charged Boelter with the same counts. But under federal court rules they needed a grand jury indictment to take the case to trial.

A Minnesota man plans to plead not guilty to charges he killed the top Democratic leader in the state House and her husband after wounding another lawmaker and his wife, his attorney said.

Boelter then allegedly went to the Hortmans' home in nearby Brooklyn Park and killed both of them.