The Gila County Attorney has asked that the case against Paul Roosen be dismissed.
Roosen was accused of killing Calista Wright and attempting to kill Garrett Wright Feb. 11, 2000.
Daisy Flores filed the motion to dismiss Monday, Feb. 10.
She said the reason for requesting the dismissal was, "There is insufficient evidence to present to a third jury."
The two previous trials for Roosen ended in hung juries.
According to Roosen's lead defense counsel in his first trial, Chuck Walker, the first jury deadlocked 6-6, the second jury acquitted him of first-degree murder and deadlocked 10-2 in favor of acquittal for second-degree murder.
Roosen's first trial was in October 2001, his second was in December 2002.
Flores said Garrett Wright submitted a statement to the judge with her motion to dismiss. He said he knew what the defendant did and it is something he, Garrett, will have to live with the rest of his life.
"We're very disappointed and very, very upset with the county attorney," Calista Wright's sister, Liza Moore said. "I don't believe she has made the right decision. It is hard to think of this man going free on the anniversary of my sister's death.
"I think the county attorney could have done better. I wish she would have explored other options," Moore said. "She made this decision much too quickly and without speaking to anyone other than Garrett. I just hope and pray Paul gets some help and some good can come out of this. But I don't know how that can happen."
"I read about the case in the newspaper before I was involved ... The more that I got into it, I believed Paul was innocent," Walker said. "All my thoughts are with Paul. I wish him all the best and hope that he is able to find a place where he can live his life and make his life what his life could be. He has taken all this with graciousness. Everyone on the defense side believed in the case and busted their backsides on it. I'm just happy to hear that the case has been dismissed."