A District Court Judge, Monday, threw out a Voluntary Manslaughter charge against a Red Oak man arrested in connection with a fatal shooting that took place last year. 39-year old Kevin Duane Staley, of Red Oak, whose trial was to have begun Monday, had earlier pleaded not guilty to shooting 27-year old Devin Alexander Davis, of Villisca, during the early morning hours of Oct. 11th, in Red Oak.

Red Oak Police Davis say suffered from a single gunshot wound to the chest.  Investigators determined that Staley and Davis “had been in a confrontation” earlier that morning, which resulted in Staley shooting Davis.

According to online court records, Judge James Heckerman granted Staley immunity under the “stand your ground” law approved by lawmakers in the 2017 Legislative Session. The judge also ordered prosecutors to cease prosecuting the case, and for Staley to be set free. Staley remained in the Page County Jail, however, on pending traffic charges.