WILKES-BARRE - Luzerne County President Judge Thomas Burke Jr. assigned District Judge Paul Roberts in Kingston to preside over the preliminary hearing for homicide suspect Cody Lee.

Prosecutors sought another district judge when District Judge James Tupper in Kingston Township dismissed the homicide charge after a preliminary hearing on Friday.

Lee, 19, was re-arrested on the same charge seconds after Tupper dismissed the charge.

State police at Wyoming and county detectives allege Lee, then 16-years-old, killed his great-grandfather, Herbert Lee Sr., 80, inside their home on Meeker Outlet Road in Lake Township on Dec. 9, 2009.