Cole County murder charge dismissed

A second-degree murder charge against a Mid-Missouri man believed to have killed a man in an Apache Flats mobile home park in December 2011 was dismissed Tuesday.

The trial of Jose Hurtado , 23, of California, Mo., in the killing of Francisco Navarro had been scheduled to take place this week.

The dismissal notice was filed by assistant prosecutor Cheryl Nield.

There was no word from the prosecutor's office if the charge would be re-filed.

Hurtado was released from custody at the Cole County Jail, Tuesday afternoon.

Sheriff's department reports showed Navarro had gotten out of a truck to help its driver, Jesus Hernandez, who was being assaulted at 5101 W. Business 50.

The dispute apparently involved a complaint on how loud the muffler was on Hernandez' truck, and how he had been driving his vehicle.

Officers said Hurtado shot Navarro once in the chest with a 9mm pistol.