GARDEN CITY, Kan. (AP) — Prosecutors have dismissed a murder charge in the shooting death of a Garden City restaurant owner but said the charge could be refiled if new evidence emerges.

Marcus Roady, 32, was charged in the death of Charles Ernie Ortiz, 69, the owner of the El Conquistador Restaurant in Garden City.

The Finney County attorney's office said Thursday that current circumstances dictate dismissal of the charge but did not elaborate. The office said the case remains an open investigation, KAKE-TV reported.

Officers found Ortiz lying in the restaurant's parking lot on Sept. 23, 2019....