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Charges connected to fatal New Year’s Day shooting dismissed

Jamar Maurice Smith

Charges against Jamar Maurice Smith, 26, of Duluth were dismissed Friday in Douglas County Circuit Court.

Smith was charged with possession of a firearm by outstate felon and misdemeanor bail jumping in connection with the fatal shooting of Kyle Androsky on New Year's Day 2017 in Superior.

"The investigation into the homicide is still open, but at this time, no other charges are immediately forthcoming in connection with that incident," Douglas County District Attorney Mark Fruehauf responded in an email.

Fruehauf made the motion to dismiss the case without prejudice, meaning the charges could be refiled in the future. He stated in the motion that while preparing for trial, the state received additional information from one of its primary witnesses that has a significant impact on that person's expected testimony.

"Based on a review of the case as a whole and in consideration of this information, the State does not believe it would be able to prove its case beyond a reasonable doubt at the upcoming jury trial," Fruehauf wrote in the motion.

In addition to the fatal shooting, Androsky's brother, David, suffered a gunshot wound to his chest during the incident.

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