YOUNGSTOWN — Calvin Shelton, 35, was released from the Mahoning County jail Thursday after Judge John Durkin of Mahoning County Common Pleas Court dismissed several charges against him Monday — including murder — on the request of the Mahoning County Prosecutor’s Office.

Shelton was facing charges of murder with a firearm specification, involuntary manslaughter with a firearm specification, two counts of burglary with firearm specifications and having weapons while not allowed. The charges against Shelton can be refiled at a later time.

Shelton pleaded guilty Monday before Durkin to cocaine possession, fentanyl related compound possession and aggravated drug possession in a separate case and was sentenced to 180 days in jail. But Shelton got credit for 180 days already served.

Shelton was indicted in September in the Nov. 20, 2021, shooting death of Marquise T. Lewis, 27, in a home on Plum Street just west of downtown.

Timothy M. Underwood, 31, was indicted on similar charges in Lewis’ death but pleaded guilty to reduced charges of voluntary manslaughter and a gun specification, plus burglary and having weapons while not allowed July 24, 2023. At the time prosecutors said they would recommend that Underwood get 12.5 to 16 years in prison when he is sentenced, but prosecutors will not oppose judicial release, a type of early release approved by the sentencing judge.

Underwood had filed a motion to withdraw the guilty plea but withdrew that motion Thursday and a court official said he will be scheduled for sentencing.

Underwood’s indictment alleged that he killed Lewis “as a proximate result of (Underwood) committing or attempting to commit” burglary and that Underwood was not allowed to possess a firearm because of a juvenile aggravated robbery conviction in 2008 in Mahoning County when he was 15 years old.

Youngstown police said in November 2021 that Lewis was found dead from gunfire inside a home in the 500 block of Plum Street. Police went to the home after a neighbor reported hearing a “loud bang” and asked police to investigate.

Police said Lewis did not live in the home, and police did not know how he got into the house. The homeowner, a woman in her late 60s, was not home at the time.

When Rob Andrews, assistant county prosecutor, was asked this week the reason he asked for the charges against Shelton in the killing to be dismissed, he said he could not comment.

But Aaron Meikle, Shelton’s attorney, said he believes the reason is because there was no physical evidence tying Shelton to the murder, such as DNA or fingerprints.

Meikle said he believes the only evidence against Shelton was going to come from Underwood’s testimony — that Underwood and another man picked up Shelton to carry out a burglary. But though Underwood claimed he called and texted Shelton, “there was no evidence of that,” Meikle said. Cell phone locational data related to Underwood did not confirm another claim Underwood made, Meikle said.

“The digital evidence really didn’t line up with his story,” Meikle said of Underwood.

“They basically had to dismiss for lack of evidence,” Meikle said of prosecutors. “I give them credit, they made the right decision.”