A first degree murder charge against 22-year-old Neil Tap will not proceed.
Tap along with two other men were charged in the death of 23-year-old Jarvas Anthony Poberezny Scott.
Scott was gunned down after leaving a house party on Heathfield Court in November 2017.
According to CTV Windsor, Justice Greg Campbell ruled Tuesday morning following a preliminary hearing, there isn't sufficient evidence to proceed to trial and discharged the offences against Tap.
But, 21-year-old Idrisso Palmer and 20-year-old Sumar Al-Rubay will stand trial for second degree murder.
Last July, Dazzmirhal Scott, who was 24-years-old at the time, was charged with accessory after the fact to murder but the charge was dropped and she pleaded guilty to possession of brass knuckles.
- with files from CTV Windsor