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RACINE — Authorities believed they finally had their man in a 1994 cold case homicide.

But Friday, charges were dropped against John E. Clay after prosecutors became aware of a witness who said the victim, Andre McKinstry, had a gun at the time of the shooting, according to a letter from prosecutor Sharon Riek to Judge Eugene Gasiorkiewicz.

The revelation likely would have allowed Clay to claim self-defense, said his attorney, Patrick Flanagan. And prosecutors could not have pursued a lesser charge due to the statute of limitations.

McKinstry’s family then sought to have additional people interviewed, but those people did not have “any substantive information” regarding the case, according to the letter.

“After a thorough review of the evidence that relates to this case, the state believes that it cannot meet its burden of proof,” Riek said in the letter.

Asked about the case, District Attorney Rich Chiapete forwarded Riek’s letter but did not immediately respond to further questions.

Clay was charged with first-degree intentional homicide on Oct. 19. He is not the same John Clay who played football for Park High School and the Wisconsin Badgers.