- Associated Press - Thursday, May 4, 2017

WARSAW, N.Y. (AP) - A murder indictment has been dismissed for an Attica prison inmate accused in the recreation yard slaying of another prisoner.

Wyoming County District Attorney Donald O’Geen says the indictment against 33-year-old Bruce Battle was dismissed Tuesday after purported inmate eyewitnesses recanted or refused to answer questions.

Battle and two others were accused of fatally stabbing inmate Rodney Calloway in the heart in an Attica prison yard in May 2015. Prosecutors say 22-year-old Devin Gray pleaded guilty to manslaughter in September and 35-year-old Shawn Avery pleaded guilty to attempted manslaughter.

Gray was sentenced to 10 years for the slaying and Avery was sentenced to eight years.

The 26-year-old Calloway had been serving 20 years for robbery and assault. Battle began a 13-year sentence for burglary in 2008.


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