WILMINGTON - Prosecutors will not appeal a judge's dismissal of a murder case against a man accused of shooting two Delaware State University students in 2007, state Justice Department officials said yesterday.

Superior Court Judge William Witham Jr. last week dismissed the case against Loyer Braden, 20, of East Orange, N.J., because prosecutors withheld key evidence: a videotaped interview of an eyewitness who said he didn't think Braden was the shooter.

The shooting killed Shalita Middleton, 17, and wounded another student, Nathaniel Pugh. - AP