Bail was set at $2,500 for Doris Pessolano, 35, of Springfield, charged with armed assault with intent to rob.
SPRINGFIELD -- A murder charge was dismissed Wednesday against Doris Pessolano, leaving only one defendant charged with murder in the Springfield death of Demarcus Johnson, who was fatally shot in 2014.
At one point four people faced murder charges in the case, but now only alleged shooter Nathaniel Ramos remains charged with murder.
Pessolano, 35, is still charged with armed assault with intent to rob and two illegal firearms charges.
Defense lawyer Daniel D. Kelly filed the motion to dismiss the murder charge against Pessolano and Assistant District Attorney Max Bennett did not oppose the motion in light of a recent Massachusetts Supreme Judicial Court ruling.
The September ruling by the state's highest court appears to narrow the grounds for charging someone with felony murder. Prior to the ruling, a murder charge could be brought against anyone involved in commission of a crime that caused another person's death.
The trial date for Pessolano is March 15. She had been held without right to bail, but Hampden Superior Court Judge Mary-Lou Rup reduced bail to $2,500, as recommended by prosecution and defense. Pessolano must be monitored by a GPS device, cannot leave Massachusetts without prior approval and must report by telephone to the Probation Department once per week.
Murder charges were dismissed recently for the same reason against the two other co-defendants, Radames Llanos, 19, and Shacolby Merriman, 27. Both are still charged with other offenses in the case.
Johnson, 38, was found with a gunshot wound to his head shortly before 5 a.m. on Sept. 7, 2014, near the corner of Overlook Drive and Island Pond Road in Springfield's East Forest Park neighborhood. He died two days later in Baystate Medical Center.
Bennett has said the fatal shot was fired by Ramos, who was 15 at the time. Pessolano allegedly lured Johnson to a quiet street so that Llanos and Ramos could rob him. Merriman allegedly drove Llanos and Ramos and participated in planning the robbery.
According to the Supreme Judicial Court ruling, a majority of the seven justices concluded "that the scope of felony-murder liability should be prospectively narrowed, and hold that, in trials that commence after the date of the opinion in this case, a defendant may not be convicted of murder without proof of one of the three prongs of malice."
The "three prongs of malice" is legalistic shorthand for the criteria for determining premeditation in cases of murder. To prove premeditation, the prosecution has to prove either an intent to kill, an intent to inflict grievous bodily injury or an intent to act in a manner that creates a likelihood that death or serious injury will result.