- Associated Press - Wednesday, June 1, 2016

HELENA, Mont. (AP) - The Montana Supreme Court has upheld the dismissal of an attempted deliberate homicide charge in a September 2014 shooting of a Livingston man in his vehicle.

The justices agreed with a district judge, who found the state hurt Daniel Colvin’s ability to defend himself by returning the victim’s vehicle without allowing the defense to examine what was effectively the crime scene.

Colvin said he was close to Michael Aja’s vehicle when his gun accidentally discharged, hitting Aja in the head. Prosecutors argued it was an intentional shot fired from farther away.

Colvin’s attorney moved to dismiss the charge. The judge agreed, saying the release of the vehicle hampered the defense’s ability to prove its theory of the case.

The Supreme Court on Tuesday rejected Park County’s appeal of the dismissal.

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