Wayne County Prosecutor Kym Worthy intends to retry Charles Anthony Evans on felony murder and 1st-degree child abuse charges in the death of Evans' 9-month-old daughter — despite a Wayne County circuit judge dismissing the case mid-jury trial on Monday, alleging the prosecution failed to turn over evidence to the defense.

Judge Cylenthia LaToye Miller in court Monday dismissed the case "with prejudice," which typically means it cannot be retried. But Worthy is planning to challenge that, and is alleging the judge acted improperly.

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