QUESTA, N.M. — Attorneys for the now 15-year-old Questa teen accused of murder are making moves to dismiss the charges ahead of his scheduled retrial.

Porfirio Brown went on trial in March for second-degree murder connected to the death of a 13-year-old girl on his family’s property last summer. That trial ended in a hung jury.

In a motion just filed by his attorney, it claims all 12 jurors found no intent – saying the shooting was an accident, no matter who pulled the trigger. The motion claims retrying the teen, without new evidence proving his intent, is unreasonable and a violation of state statute.

Brown is scheduled to go on trial in August.

His dad, William Brown, is the first parent charged under Bennie’s Law. William is scheduled to go on trial in July.

MORE:

• Trial for Questa teen accused of killing 13-year-old girl ends in hung jury
• Lapel video challenges key testimony in Questa murder case