FORT WAYNE, Ind. (WOWO): Prosecutors have asked a judge to drop the felony murder charge against Devyn Yancey.
Yancey, 20, is accused of a robbery that left Brian Quintana, 18, dead in 2016. Yancey was charged with murder, felony murder committed in the act of another felony and robbery according to the Journal Gazette.
He was acquitted of robbery and will have a retrial for murder and felony murder. The retrial is set for June.
However, prosecutors say with Yancey acquitted of robbery, it would be difficult to convince jurors on the felony murder charge.
Yancey and Kevin Hamilton met Quintana at the Woodbridge Apartments on Aug. 14, 2016. Court documents reveal Yancey was angry about a marijuana deal and planned to rob Quintana.
Hamilton shot Quintana and was convicted of murder in 2017. He is serving a 74-year sentence in prison.