One of two felony murder charges was dropped on Wednesday against a Lawrence teenager charged in last month's shooting at a house in the 1300 block of Delaware Street.
Douglas County District Attorney Charles Branson said the charge was dismissed because additional investigation since the incident resulted in a clearer picture of the circumstances and order of events that occurred early on June 7.
The teen, 16-year-old Kellam D. Jones, is still charged as a juvenile with one count of felony murder and one count of attempted aggravated robbery.
Police and prosecutors allege that Jones and an accomplice, Gage Hauk, 18, McLouth, had gone to 1311 Del. to commit a robbery. Gunfire erupted, killing Hauk and the occupant of the house, Roland Klundt, 20.
Jones was initially charged under the felony murder law with both deaths. But Branson noted on Wednesday that in accordance with Kansas case law based on a state Supreme Court ruling, a felon may not be convicted of felony murder for the killing of his co-felon caused by the lawful acts of a victim of aggravated robbery.
"It's kind of a quirk compared to the other felony murder rules that we normally apply, but we wanted to make sure we had as much charged as possible based on the information we had," Branson said. "Then, once we found out the additional information, it was necessary for us to go ahead and pull that charge."
Branson declined to discuss details in the additional information or the order of events of the shooting.
In a news conference following the shooting, Lawrence police said that during the robbery attempt, Klundt shot Hauk and Jones shot Klundt.
Prosecutors filed a motion last month to have Jones tried as an adult on the charges. A hearing was to be conducted Wednesday, but Judge Michael Malone continued it to Aug. 8. He also set a hearing for other motions for July 24.