TROY, N.Y. (NEWS10) – All charges against a murder suspect have been dismissed.
Court documents show how there was insufficient evidence for a grand jury to indict a man for a double murder in Rensselaer County last fall.
Ten charges against Cresencio Salazar have been dismissed by a state Supreme Court judge.
The most serious charge was first-degree murder.
Salazar and three others are accused of killing two men during attempts to rob them of money and drugs.
Salazar, Luis Alfredo Monge Guevera, Magdaleno Perez Calixto, and Salomon Najera Hernandez were all indicted in this 17 count grand jury indictment last fall.
Now, several of those charges are being dismissed.
“Keeping it in context it’s not the end of the case, it’s something that happens.”
Attorney Paul DerOhannesian says the dismissal of charges like this happens all the time.
“Even murder cases have had charges dismissed because of the lack of evidence.”
The four men’s charges all stem from the killings of cousins Christian Hernandez and Javier Gomez in October of 2016.
Hernandez’s body was found dumped in a creek in Brunswick. The next day Gomez was found dead in his Glen Avenue apartment.
Court documents show Salazar was dubbed as “the person who actually committed the murders” by the other three men.
A judge now ruling that all the charges against Salazar must be dismissed because the three statements are the only evidence that connects him to the crime and is inadmissible under the hearsay rules.
“Hearsay by itself is not enough to indict someone.”
DerOhannesian says Salazar could be indicted by a different grand jury if new evidence comes to light.
“That additional evidence may be scientific evidence, DNA type evidence that they don’t have yet. It could be the testimony of a co-defendant.”
Guevera and Calixto are also having some charges dismissed while Hernandez still faces all charges brought against him.
Even so, DerOhannesian says this case is far from over.
“It’s not a decision that ends the case and means he can’t be prosecuted.”
Although the charges against Salazar have been dismissed, he still remains in custody at the Rensselaer County Jail.
The district attorney’s office had no comment on Thursday on the ruling.