Arizona ? An Arizona prosecutor is seeking to dismiss one of two murder charges against an 8-year-old boy accused of fatally shooting his father and another man.

A motion filed Friday by the Apache County attorney seeks the dismissal of the first-degree murder charge stemming from the death of the father, 29-year-old Vincent Romero.

The motion explicitly allows the refiling of charges if it is granted. Attorneys would not comment because of a gag order.

The boy is also charged with first-degree murder in the death of 39-year-old Tim Romans.