Murder charges against a man accused in a 2010 killing have been dropped and the case dismissed.

David Robert Ancheta was charged with first-degree murder and burglary in connection with the southwest-side home-invasion that left Benjamin Herr dead.

Ancheta was accused along with Mario Hipolito Enriquez of killing Herr.

The case against Ancheta was dismissed without prejudice and prosecutors could refile with new evidence. 

Enriquez stood trial for the killing and was convicted of second-degree murder in June 2013. He was sentenced to 16 years in prison.

Enriquez's attorney argued his client went with Ancheta as back up in the collection of a drug debt when the victim opened fire.

Prosecutors scoffed at the theory, noting Herr was not a suspected drug dealer and was 74-years old at the time of his killing.

Enriquez was shot and injured in the home-invasion.

Ancheta remains in Pima County Jail facing numerous charges in two separate cases, including aggravated assault charges.

Contact reporter Patrick McNamara at 573-4241 or On Twitter @pm929.