CROWN POINT — A judge on Monday dismissed one of two attempted murder counts filed against a Gary man charged in a shooting last fall that wounded a man and his son outside the Hobart Walmart.

Alex C. Hughes, 27, remained charged with one count of attempted murder, aggravated battery and two counts of criminal gang activity in connection with a shootout Sept. 30 that wounded a 26-year-old Gary man and his then-9-year-old son.

Police have said Hughes and the man, Kyran Hawthorne Sr., belong to rival gangs in Gary's Glen Park section. Hawthorne recently was charged with robbery and theft of a firearm and is wanted by police, records show.

Defense attorney Russell Brown filed a motion earlier this month seeking to dismiss one of the attempted murder counts against Hughes because ballistics evidence showed the bullet that wounded the 9-year-old was not fired from a gun Hughes later turned over to Brown's office.

In a motion filed Monday, Lake County Deputy Prosecutor Michael Toth said the state was unable to meet its burden of proof with regard to the attempted murder count involving the 9-year-old.

Lake Criminal Court Judge Salvador Vasquez dismissed the count the same day.

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Vasquez granted Hughes a bond reduction in March, after the results of ballistics analysis. Hughes posted a $10,000 cash bond March 12.

Hughes' next court appearance is set for Friday. His trial is currently set for July 22, though Brown asked for a continuance during a previous hearing.

Vasquez previously said Brown's request was premature and planned to discuss it further Friday.

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