- Associated Press - Wednesday, December 10, 2014

FARMINGTON, N.M. (AP) - New Mexico prosecutors have dropped an appeal of a judge’s decision to dismiss first-degree murder charges against two men in the death of a bystander killed during a Farmington shootout targeting his neighbor.

District Judge John Dean ruled in February that Lawrence Kellywood and Levi Wilson couldn’t be prosecuted with felony first-degree murder because the bullet that killed 40-year-old Christopher Valdez on July 27, 2013 wasn’t recovered.

Dean said a 2003 Court of Appeals decision precluded the state from pursuing felony murder charges unless it could prove that one of the two co-defendants fired the fatal bullet.

The two men still await trial on other charges, and the Daily Times (https://goo.gl/uB3ZK2 ) reports that the state Attorney General’s Office feared losing criminal cases against them altogether if the appeal continued.

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Information from: The Daily Times, https://www.daily-times.com


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