Two men charged in a Battle Creek drive-by shooting have had their case dismissed after witnesses failed to show up. The Battle Creek Enquirer reports that a preliminary examination for brothers Felipe and Ruben Hernandez was scheduled to take place Tuesday, but the judge dismissed charges without prejudice because the witnesses didn’t appear in court.

The brothers had been charged in the shooting of 34-year-old William Jones outside of his home on Kingman Avenue back in September. According to authorities, the drive-by had reportedly been sparked by an argument that took place between Jones and Felipe at a gas station earlier that day. Police arrested both of the Hernandez’s on charges of assault with intent to murder as well as carrying a concealed weapon. Those charges could have landed both of them in prison for life. Prosecutors say that the two could potentially have the charges against them filed a second time.

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