MOSCOW, Idaho -- An Idaho judge determined there is probable cause to try two Moscow men in the death of a Clarkston, Wash., woman who went missing more than three years ago.

2nd District Court Magistrate John C. Judge ruled Thursday after a three-day preliminary hearing for 52-year-old Charles A. Capone and 49-year-old David C. Stone.

The men are charged with first-degree murder and conspiracy to commit first-degree murder in the death of Capone's estranged wife, Rachael Anderson. Her body has not been found.

Testimony at the preliminary hearing indicated Anderson died at Capone's shop in April 2010, where she was last seen with both men. Capone reportedly bought a tarp the next morning.

Defense attorneys argued there was no evidence of Anderson's death in the state of Idaho.

The pre-trial hearing began Tuesday morning in the case.

Investigators believe Capone was the last person to see Rachel Anderson alive. Anderson's Family said Capone stalked her after they separated and she disappeared months later.

Anderson's oldest daughter, Amber Griswold and a man who says Stone orignally asked him to kill Stone's wife and later stated he and Capone were going to kill eash other's wives may testify for the prosecution.

Witnesses also include a number of officers, detectives and deputies from Lewiston and Moscow.

Stone's attorney questioned the Captain why he didn't record the interview with Stone during the murder investigation.

The Latah County Prosecutor will not seek the death penalty for Charles Capone and David Stone if they are convicted of murder.

Capone is charged with first degree murder for the 2010 death of Anderson, 40. She vanished in April 16th, 2010 as the couple was preparing to divorce.

Court documents stated that Capone murdered Anderson with the abatement of David Christopher Stone, 49. Authorities arrested Stone Wednesday. Stone and Capone both faced a judge in Latah County the same afternoon.

Capone and Stone were charged with principal to murder in the first degree, conspiracy to commit murder in the first degree, failure to notify coroner or law enforcement of death, conspiracy to commit failure to notify coroner or law enforcement of death according to court records.

Investigators wrote that Stone and Capone conspired from January 2010 to April 2010 to murder Anderson. Documents alleged that Capone and Stone stalked, and followed the victim.

The couple separated on December 27th, 2009 and filed for divorce on January 6th, 2010. Capone demanded that Anderson decide by April 16th, 2010 whether she was going to continue divorce proceedings.

Court documents stated that Capone text messaged and called Anderson to lure her to his business near Moscow. All three people met April 16th at Capone s business, Multiple Service, along South Main Street. Documents alleged that Anderson came to pick up her vehicle. She borrowed a Yukon from a friend to drive to the shop.

The documents alleged that Capone and/or Stone put Ambien into Anderson s beer during the visit and killed her. Investigators said Capone and Stone later hid and disposed of Anderson s body. The pair also cleaned the Yukon to destroy evidence of the murder according to records. They also stated that the suspects drove the Yukon from Latah County to Lewiston and sent text messages from Anderson s phone to hide her death.

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