(AP) — An Ohio judge
has dismissed murder
charges filed against the brother of Olympic gymnastics
champion Simone Biles
, ruling Tuesday that prosecutors failed to present evidence to sustain a conviction in a 2018 New Year's Eve party shooting
in Cleveland that killed three men.
A woman in the court gallery charged at Tevin Biles-Thomas
and screamed "You killed my baby!" Three sheriff's deputies tackled the woman before she could reach Biles-Thomas.
Defense attorneys had sought the judge's ruling, which acquitted Biles-Thomas of voluntary manslaughter and felonious assault
charges, claiming that there was no forensic evidence linking their client to the killings and that no witnesses testified that they saw Biles-Thomas shoot.
Biles-Thomas, a U.S. Army
soldier, has maintained his innocence, and his first trial
ended in a mistrial last month after jurors claimed they read legal paperwork that was accidentally included in evidence given to them to review.
According to authorities, a group of men arrived uninvited to a party in 2018 and opened fire, killing DelVaunte Johnson, Toshaun Banks, and DeVaughn Gibson.
Simone Biles stated on Twitter
that she was struggling with her brother's arrest
and that her heart went out to the victims and their families.