Prosecutors have filed a motion asking Criminal Court Judge Barry Steelman to dismiss a murder indictment against Tyrone Carmichael in the March 5, 2011, murder of Cordarris Armour at the Okie Dokie Market on Roanoke Avenue.
The motion says a video from the store shows the victim and two people nearby, but not the shooter.
It says one of those next to the victim, Acacia Baker, has consistently refuse to cooperate with the investigation.
The other person, Reginald Maddox, at one time said he could not clearly see the face of the shooter, but he later identified Carmichael.
However, he now said he cannot identify the shooter, the motion says.
Maddox is set to appear before Judge Steelman next Tuesday when the matter is brought back up.