Prosecutors have asked a judge to dismiss one of two murder counts brought against a former Ohio sheriff’s deputy who will soon face a retrial in the killing of a 23-year-old Black man.

Jason Meade faces one murder count for purposefully causing Casey Goodson Jr.’s death and one for causing his death during a felonious assault. But in a motion Friday, special prosecutors Tim Merkle and Gary Shroyer asked the judge to toss the former court. The motion did not state why they made the request and Merkle said Monday that prosecutors would have no further comment on the motion.