VIRGINIA BEACH, Va. (WVEC) -- A woman charged with 2nd Degree Murder in the killing of her husband will face a reduced charge instead.
A judge knocked the charge against Breanna Sullivan down to Voluntary Manslaughter on Monday.
Sullivan is accused of shooting her husband in the 700 block of Huybert Pl. on July 16, 2017.
Shortly after her arrest, Sullivan told 13News Now in a jailhouse interview that she and her husband were fighting and the he threatened to kill her. That's when she shot him.
Sullivan added that her husband had been arrested at least three times for hitting her, but she dropped the charges. She explained that because of the severity of the beatings, she believed he was capable of killing her.
The judge explained Monday that she reduced the charge because she did not find the killing was done with malice. The judge also dismissed the Use of a Firearm charge which cannot stand with the Voluntary Manslaughter charge.
A grand jury will consider the case in February. The Commonwealth could bring back the 2nd Degree murder charge and the firearm charge at the grand jury proceedings, but prosecutors still are evaluating the case's evidence to determine if that is appropriate.
A motions hearing is scheduled for March 12.