By The Associated Press
WEST POINT – A judge has dismissed a murder count filed against Robert Rupert in the 1994 death of Carlos Carr.
The Daily Times Leader reports the charge was dismissed Thursday at the request of prosecutors during a hearing in Clay County Circuit Court.
Prosecutors say witnesses who could have testified in the trial have died, have disappeared or do not remember what they said in previous statements in the case.
The judge did not rule on a motion to suppress statements Rupert made to officers after his arrest in 2009.
Rupert is charged with capital murder and aggravated assault in an alleged 2003 murder-for-hire shooting death of Roosevelt Pernell III and the wounding of Pernell’s brother, Cedric.
His trial is set for April 11.