PHOENIX (AP) - A murder charge against a Phoenix man in his 9-year-old son's shooting death has been dismissed. Prosecutors said Tuesday that they concluded they wouldn't be able to prove all the elements of the charge against Kansas Lavarnia.
It was dismissed six weeks ago, but prosecutors have the option of charging Lavarnia again in his son Landen's death.
His wife, Wendy Lavarnia, told police her 2-year-old son found a gun and accidentally shot his older brother. Kansas and Wendy were arrested after police said they found inconsistencies in her account.
Kansas Lavarnia still faces charges of child abuse and hindering prosecution. Wendy Lavarnia faces charges of murder, child abuse and hindering prosecution.
The couple has pleaded not guilty.