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ST. JOHNS — The Apache County Attorney is seeking to dismiss one of two murder charges against an 8-year-old boy who is accused in the shooting deaths of his father and another man.

The motion filed late Friday seeks the dismissal of the first-degree murder charge stemming from the death of the boy’s father, 29-year-old Vincent Romero. The boy is also charged with first-degree murder in the death of 39-year-old Tim Romans.

The motion explicitly allows the refiling of the charge if it is granted.

The prosecutor’s office wouldn’t explain its actions. The boy’s defense attorney, Benjamin Brewer, declined to comment Friday, citing a gag order in the case.

Police in the small eastern Arizona town of St. Johns allege that the boy killed both men with a .22-caliber rifle in their home on Nov. 5.