NORRISTOWN, Pa. (CBS) — A preliminary hearing for a Phoenixville man who is charged with first degree murder for allegedly shooting a lethal dose of cocaine into the arm of a 27-year-old woman. Prosecutors contend it was premeditated murder, the defense argues the charge should be Aiding a Suicide, rather than Murder.

District Judge Walter Gadzicki calls this a “sad and tragic case.” He held charges against Anthony Noble — which include First- and Third-Degree murder — over for trial.

Defense attorney Ben Cooper argued the allegations should fall under a statute for aiding a suicide, rather than murder, as court documents allege Noble claims he was helping 27-year-old Joette Mullen commit suicide:

“His actions involve something that he thought was best for her. And he wasn’t trying to kill her purposely with malice.”

But Prosecutor Samantha Caufman argued that the only person who says this was an assisted suicide is the defendant, who, she says, lied to police in his initial statement, and then tried to cover his tracks after the incident.

According to court documents, Noble tells police eventually he and Mullen were going to go out like Romeo and Juliet, but after watching her die, he changed his mind.

Noble’s formal arraignment is scheduled for March 30th.