BOISE, Idaho (CBS2) — A man from Eastern Idaho who is accused of killing his pregnant wife and their infant son will face first-degree murder charges after Judge denies a motion to dismiss the case.

Jeremy Albert Best, from Victor, Idaho, is accused of killing his wife Kali Best in December 2023. Kali was pregnant at the time of her death with their unborn child. Jeremy Best is also accused of then kidnapping and killing their infant son, Zeke, who was found in a vehicle not far from the home after hunters discovered Best sleeping nude near a dirt road.

Best's defense attorneys filed a motion to dismiss the charges, arguing that he suffered a mental health episode, meaning he could not have had malice aforethought, a required element to charge someone with first-degree murder. Defense attorneys further argued that the State should have opted for the lesser charge of second-degree murder or manslaughter, taking into consideration Best's alleged mental condition at the time of the crimes. Best was seen naked and disoriented in a general store in Swan Valley prior to the date in December.

After deliberating the motion to dismiss the charges, the Judge said in a written response that the Grand Jury was given enough evidence to support probable cause, and that evidence does support Best's actions were premeditated in killing Kali, her fetus, and their infant son Zeke.

The Judge went on to say that "While there may be evidence to support Best's defense that he lacked premeditation and malice, a grand jury does not cern itself with proof because the 'determination of guilt or innocence is saved for a later day.'"

The Judge's ruling concludes, "The grand jury had sufficient evidence before it to establish probable cause for the crime of first-degree murder. Dismissal of the Indictment is improper."

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