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The charge was dropped Wednesday, Jly 13 after Avery Nascimento, 22, testified that he didn't intend to kill 36-year-old Sean Robbins inside a home on the 100 block of Sheridan Street in Pottstown on Jan. 23, Pottstown Mercury reports.
However, Nascimento is still charged with attempted murder for shooting 34-year-old Sodonia Medunic during the altercation, WFMZ says.
He was accused of punching Medunic, choking her, threatening her with a handgun, and telling her she "was going to die tonight," according to the Montgomery County District Attorney's Office.
Chaos began when an argument erupted between the pair over photos on Medunic's cellphone, authorities said.
Robbins apparently went to the home after learning of the assault and tried to "talk it out" with Nascimento, but, the two got into a physical fight that ended with Robbins being shot.
As Medunic ran from the house, she was shot multiple times by Nascimento before collapsing on a neighbor's porch and "playing dead." investigators said.
Detectives later learned that Medunic had a protection from abuse order against Nascimento. Sentencing was set for October.
Click here for more from WFMZ and Pottstown Mercury.
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