The Crown in a double murder trial in Windsor, Ont., is seeking a last-minute change to a murder charge, it said on Wednesday.

Closing arguments were underway on Wednesday in the criminal trial of Donald Dodd and Timothy Carter's criminal trial.

Both were originally charged with one count each of first-degree murder and one count each of second-degree murder.

They are accused of killing Vaios Koukousoulas, 63, and Peter Kambas, 53, in June of 2008 in a garage on Moy Ave. The bodies were found in a field in Colchester South in December of that year.

But on Wednesday, the Crown took an unusual step in the nearly three-month long trial. It said it is not going ahead with the first-degree murder charges — admitting it hadn't presented a strong enough case to meet the burden of proof for first degree.

Instead it's asking for second-degree murder in the death of Koukousoulas.

More to come.