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 <img src="https://media.eaglewebservices.com/public/2020/12/1609440279836.png" alt="Marcus Roady remains jailed in Finney County, according to online jail records" />
 <figcaption>Marcus Roady remains jailed in Finney County, according to online jail records</figcaption>
 </figure>GARDEN CITY, Kan. (AP) — Prosecutors have dismissed a murder charge in the shooting death of a Garden City restaurant owner but said the charge could be refiled if new evidence emerges.Marcus Roady, 31, was charged in the death of Charles Ernie Ortiz, 69, the owner of the El Conquistador Restaurant in Garden City.The Finney County attorney’s office said Thursday that current circumstances dictate dismissal of the charge but did not elaborate. The office said the case remains an open investigation.Officers found Ortiz&nbsp;<a href="https://apnews.com/article/93d4d5083515448f8d4429441ca60f33">lying in the restaurant’s parking lot</a>&nbsp;on Sept. 23, 2019. He was suffering from several gunshot wounds and was pronounced dead at a Garden City restaurant.Police said at the time that the shooting could have been related to an attempted robbery.No other arrests have been made in the case.

Suspect remains in SW Kan. jail after murder charge dismissed