An indictment has been thrown out in the case against a New York Police Department officer charged in the fatal shooting of an unarmed man as his grandmother stood nearby.

A judge Wednesday found prosecutors gave flawed instructions to a grand jury that indicted Officer Richard Haste. The case isn't over because prosecutors are expected to present the case again.

Last year's shooting of 18-year-old Ramarley Graham in his Bronx home stemmed from an NYPD investigation of street corner drug dealing. Police pursued Graham into his home before he was shot once at close range.

As it became clear the judge was about to rule in the officer's favor, Graham's mother cursed and screamed, "They killed my child!"

The officer didn't speak to reporters. He had testified radio transmissions convinced him Graham was armed and dangerous.