DES MOINES - The 15-year-old boy accused of killing North High School student Kendall Foster in April is out of jail.
The Polk County prosecutor Stephanie Cox filed a motion on Thursday to dismiss the first degree murder charge against Marvin Holmes, and Judge Robert Hutchinson approved the dismissal.
Holmes was scheduled for an arraignment today, but is now out of jail.
17-year-old Foster was killed on April 27th. He was shot in the 1300 block of 12th Street in broad daylight. At the time, police said there could have been as many as three shooters involved. Holmes was arrested and charged two days later.
Local 5 will continue to follow this story.
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