Prosecutors admit they no longer have strong enough evidence to bring defendant Nicholas Moore to trial in his drive-by shooting case.

Moore appeared before Judge Vernon Perez today.

Assistant Attorney General Grant Olan told the court multiple witnesses are no longer available to testify, adding the alleged victim claims he did not see who pulled the trigger.

The prosecution called for a dismissal without prejudice.

Defense Attorney David Lujan opposed it arguing they are ready for trial on Jan. 15.

Parties are back in court next Tuesday.

Moore stands accused in an October 2020 shooting that sent one man to the hospital.

He still faces separate charges of aggravated murder and criminal sexual conduct.