FORT WAYNE, Ind. (WPTA21) - Allen County prosecutors have asked a judge to dismiss a felony murder charge in the case against a man who police say took part in a deadly 2016 robbery.
Devyn Yancey, 20, was previously charged with murder, felony murder, and robbery resulting in serious bodily injury.
These charges stem from a 2016 shooting when police found Brian Quintana laying in the parking lot of the Woodbridge Apartments in Fort Wayne.
Police said Quintana suffered from a gunshot wound and later died at the hospital.
There is evidence that in August 2016, Yancey and Kevin Hamilton planned to rob Brian Quintana in a drug deal.
Hamilton shot Quintana dead and is doing 74 years for murder.
In Indiana, you commit felony murder if you kill someone in the act of another felony.
Earlier this month, an Allen County jury couldn't reach a unanimous verdict on a murder and the felony murder charge against Yancey, so a mistrial was declared.
The jury did deliver a not guilty verdict on the felony robbery charge.
This acquittal on that felony robbery charge has forced Allen County prosecutors to ask the judge to drop the felony murder charge from the case.
Because he was found not guilty of robbery, there's no obvious underlying felony charge to bring back felony murder against him.
Yancey's jury trial is still scheduled for June 2.