The 20-year-old Nelson is charged with second-degree murder and unlawful criminal possession of a firearm in the April 2008 shooting death of 38-year-old Mark H. Simpson in Salina.
Nelson's first trial in December also ended in a mistrial.
Nelson will remain in custody after Hebert rejected a request to lower his $500,000 bond.
His attorney, Julie McKenna, said she would file a motion for acquittal early next week.
(Copyright 2009 by The Associated Press. All Rights Reserved.)