THE case against a New York police officer whoa was charged with the murder of a Derry man, Mr Heslin Phelan, has been dismissed by a judge in the Bronx.
However, in making his decision, Judge Lawrence Tonetti said "Inculpatory circumstantial evidence exists" and that the case may be re-presented to a new grand jury under a different prosecution theory.
Judge Tonetti said there was no evidence to sustain the prosecution's current theory that Officer Richard Molloy, who was charged with second degree murder and manslaughter, acted with "depraved indifference".
Although the judge's decision is a setback, Mr Martin Galvin, attorney for the Phelan family, said he is confident that Mr Phelan "will get justice and will have his day in court."
The district attorney in the Bronx is to appeal Judge Tonetti's decision.
Mr Molloy (31) has pleaded not guilty to murdering Mr Phelan (39), claiming that on the night of the fatal shooting Mr Phelan grabbed his off duty revolver and committed suicide. On January 21st, 1996, the night of the shooting, Mr Molloy and Mr Phelan were in a bar in the Bainbridge section of the Bronx when the bar tender asked the off duty officer to take Mr Phelan back to his nearby apartment because he appeared intoxicated.
Once inside the apartment, Mr Molloy claims, Mr Phelan committed suicide by grabbing Mr Molloy's gun and shooting himself through the left eye.