Elizabeth Zwirz, Fox News, August 29, 2018

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District Judge Emilio Chavez on Wednesday dismissed charges against three of the five defendants, ruling that authorities violated the state’s “10-day rule.”

Child abuse charges against Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj were dropped because prosecutors missed the 10-day limit for an evidentiary hearing to establish probable cause.

The charges against fellow defendants, Siraj Ibn Wahhaj and Jany Leveille, remained.

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Siraj Ibn Wahhaj was allegedly training children to commit school shootings, according to prosecutors, who later alleged that the juveniles were taught how to use firearms, as well as tactical techniques, in order to kill teachers, law enforcement and other institutions they found corrupt.

Health officials confirmed earlier this month that the discovered remains were positively identified as the 3-year-old’s.

Siraj Ibn Wahhaj, the boy’s father, and Leveille were hit with additional charges Friday, abuse of a child resulting in the death of a child and conspiracy to commit abuse of a child, Taos County Sheriff Jerry Hogrefe said in a news release.

{snip} Prosecutors could still seek charges for the three by asking a grand jury to indict them but offered no immediate indication on how they would proceed.

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