A 3rd Circuit judge has bound over a man, charged in the Jan. 23 slaying of a Circle K clerk, for trial in 3rd District Court.

Judge Eleanor S. Van Sciver on Friday ordered Ernest Gabriel Hernandez, 27, to be held without bond before a May 6 arraignment in district court.Hernandez will be tried on first-degree murder charges and capital homicide charges, with a possible death sentence if found guilty in the shooting death of Tod J. Menuey, 27.

On Friday, Van Sciver interrupted defense attorney Brooke Wells during her closing statement when she started again objecting to the use of the store videotape as evidence by prosecutors. The judge stated she had already accepted the tape and there would be no more discussion.

The video was the subject of a daylong battle Wednesday between the prosecution and defense. Prosecutors said the tape shows a man pacing in the store, disappearing with the victim, and reappearing alone in a Circle K smock, seeming to take something from both cash registers, bending to take a video from a display and then leaving the store.

Hernandez will be arraigned before Judge Anne Stirba on May 6 at 9 a.m.