WILMINGTON, Del. (AP) - State prosecutors have dropped murder charges against a man tried in the shooting death of a man in a wheelchair.
The Department of Justice said Tuesday that an indictment against 32-year-old Medford Holmes of Wilmington was withdrawn on Friday and Holmes has been released from custody.
Prosecutors had sought the death penalty against Holmes in the shooting death of 35-year-old Antonio Smith as Smith sat in his wheelchair outside his home in April 2011.
Also shot during the attack on Smith was 32-year-old Abdullah Talib-Din. Talib-Din testified during Holmes' trial that Holmes was the shooter.
But a jury failed to reach a verdict and a mistrial was declared in October.
Prosecutors say Talib-Din now says Holmes was not the shooter. Talib-Din was indicted Monday on a perjury charge.