Prosecutors dropped charges against the accused gunman in a deadly home invasion in Robbinsdale.

Keith Hemphill was supposed to go on trial next month for the murder of Jamis Marks. But, in court documents, the state said it could not prove the charges against Hemphill.

Investigators said Hemphill shot and killed Marks as Marks tried to protect his wife in the early morning hours of New Year's Day 2008.

In September, another man, George Watkins was acquitted in the murder.

The county attorney said charges could be re-filed against Hemphill.