Lehigh County Judge Kelly L. Banach today refused a motion to dismiss the homicide charges against WWE Hall of Famer “Superfly” Jimmy Snuka after he was deemed unfit to stand trial for the murder of his ex-mistress Nancy Argentino, a case that dates back to 1983.

The Morning Call newspaper, which covered the case extensively, also said that the judge refused to force Snuka to undergo involuntary outpatient dementia treatment after the prosecutors requested it. Judge Banach said that it wasn’t right to throw the case away just on a four-day competency hearing although she admitted that she doesn’t think Snuka will ever regain competency.

Chief Deputy District Attorney Charles Gallagher was actually the one who moved the motion to dismiss the case, a motion that was agreed by Snuka’s attorney Robert Kirwan. Gallagher said that he still thinks Snuka is guilty but since there’s no expert opinion that will sway the judge the other way it’s useless to keep going on. “If you believe that he’s not going to become competent, then what’s the point?” Gallagher asked the judge.

Snuka is scheduled to go back to court on December 2 for another hearing to see if he’s deemed fit to stand trial but the judge said she might consider dismissing the case at that time.

The Hall of Famer is one of the 53 former WWE Superstars suing WWE – through his wife – for brain injury.