MIAMI – (CBS4) -The state dropped charges against one of the three men charged with first-degree murder for the shooting death of a state Department of Corrections guard and her young son.

In court Wednesday, the state filed no action against Henry Ferguson due to a lack of evidence, according to his defense attorney Larry Handfield’s office.

State Attorney’s Office Spokesman Ed Griffith declined to comment.

Ferguson had been jailed since late December.

Two other men remain jailed and charged in the death of Ciara Lee, 24, and her 2-year-old son Devon Franklin.

Police say Demarcus Alexander, 20, stormed into Lee’s Model City home on NW 73rd Street and open fire in mid-December. Lee and her 2-year old son Devon Franklin died in a hail of bullets. Lee’s uncle, 49-year old Tony Lee, was shot in the leg. There were six people in the home at the time of the shooting and police said they found more than 70 casings.

Police said Lee and her family were not the intended targets of the attack and it may have been drug related based on the types of weapons used.

Alexander, who is being held without bond, has been charged with two counts of second degree murder and four counts of attempted murder. At the time of his arrest, Alexander’s defense attorney, Alexander Michaels, said he could not comment on the case because he had not read the warrant. He said the “affidavit is sealed. It all seems to be a big mystery.”

Another suspect – 24-year-old Tavares Williams – was arrested in Jacksonville and is expected to be brought back to Miami.


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