- Associated Press - Tuesday, March 10, 2020

MANHATTAN, Kan. (AP) - A first-degree murder charge has been dismissed against a Manhattan man in the death of his former girlfriend’s 2-month-old son.

The dismissal comes after two previous trials against D’Khari Lyons, 25, ended in mistrials. He was accused of killing Michael Calvert Jr. in November 2018.

Prosecutors contend the boy suffered blunt force trauma while Lyons was caring for him after his mother briefly left the boy in Lyons’ care to take her other children to school, KMAN reported.

Lyons has insisted he is innocent. His attorneys argued he didn’t know what happened to the baby.

Riley County Attorney Barry Wilkerson filed the motion to dismiss Friday but the charges could be refiled.

A September 2019 trial was declared a mistrial because the jury could not reach a unanimous verdict. The second mistrial was declared in January because prosecutors believed the defense asked inadmissible and prejudicial questions.

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