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The case against Joshua Holloway alleging his involvement in the November murder of Pedro Padilla was dismissed this week. The cases against the four remaining co-conspirators are still going forward.

Holloway was the third person charged in Padilla’s murder and court documents alleged that Holloway was one of the people hired to kill the man in a Malin home.

District Attorney Eve Costello said her office dropped the case against him after learning Holloway was present for the murder but was unaware of the intentions of those he was with.

“Mr. Holloway, while present, was there without knowledge of what other parties had planned. He was not involved,” Costello said. “We therefore dismissed those charges against him.”

According to court documents, Tori Hill paid Corey Agard $10,000 to murder Padilla. Julie Davis and Kim Oelke allegedly helped dispose of Padilla’s body, which was wrapped in plastic and weighed down in a pond.

Holloway will still serve 72 months in prison for felon in possession and attempt to elude charges incurred while he was arrested, which he pleaded guilty to on Wednesday.