A capital murder charge in the summer shooting death of a Jefferson County father has been dismissed.

Luis Rey Guerro Martinez, 35, was charged in the July 6 killing of his 33-year-old brother-in-law, Gumero Olvera Castro. Martinez was taken into custody one month later by U.S. Border Patrol as he tried to flee into Mexico.

A judge ruled there was enough probable cause to send the case against Martinez to a Jefferson County grand jury.

But, after hearing the evidence against Martinez, the grand jury declined to issue an indictment, according to court records and Martinez’s attorneys, Freddy Rubio and Yusuf Olufemi.

“We are deeply grateful to the jurors in the Bessemer Division for their service,” Rubio said following the dismissal of the charge.

Castro was killed shortly before 2:30

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