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SALT LAKE CITY (AP) -- Utah prosecutors filed charges against a dead man, then realized their error and recalled an arrest warrant.
The 20-year-old Salt Lake City man had been killed by police.
Officers shot a gun-wielding Favian Martinez while trying to question him May 1 about a domestic disturbance.
Then, on Tuesday, Deputy Salt Lake County District Attorney Vince Meister filed firearms charges against Martinez for an unrelated drive-by shooting months earlier.
Martinez's mother, Manuela Palomares, insists her son had nothing to do with the February drive-by shooting and was a victim of mistaken identity.
Meister says he plans to withdraw the charges.
A judge issued another warrant for Martinez May 15 for failing to pay court fees for a 2009 attempted assault conviction.
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Information from: The Salt Lake Tribune
(Copyright 2010 by The Associated Press. All Rights Reserved.)
