At the request of prosecutors and police, a judge Wednesday dismissed murder charges against Daviontae Norvell in the Nov. 14, 2010, robbery and fatal shooting of two people at an illegal liquor establishment on Germantown Street.

Prosecutor Tracey Tangeman told Montgomery County Common Pleas Judge Michael Turner that the Regional Crime Lab informed her in late December 2011 of forensic evidence that put in doubt the state’s case against Norvell. She said she immediately informed Norvell’s attorney of the evidence. Over the next few months, Dayton police, the FBI and the defense continued their investigation, sharing their results with the defense.

“The Dayton Police Department and the FBI are asking that the charges be dismissed without prejudice,” Tangeman said, noting the action does not exonerate Norvell and the investigation continues.

Turner approved the request and ordered Norvell released from jail.

After the hearing, neither Tangeman nor police would discuss the evidence uncovered.

“This is an open and active investigation,” Tangeman said.

Norvell, then 18, and Keron Simpson and Earl Moon, then both 19, were indicted by a grand jury in April 2011 on two murder and 12 armed robbery charges. The charges were in addition to federal charges of interference with commerce by threats of violence, use of a firearm in a crime of violence, and causing death by use of a firearm during the commission of a violent crime.

Earnest Sanders, 59, and Michelle Carter, 31, were shot at 1564 Germantown, where family members said Sanders had been operating an after-hours liquor joint from his home for more than 30 years. Sanders died at a hospital. Carter died at the scene. As many as 12 people were robbed in the incident, the FBI said.

Both Simpson and Moon were convicted in January of the charges and each sentenced to 33 years in prison. Their attorneys also were made aware of the forensic evidence prior to their trials.

Neither Norvell’s family nor the families of the victims would comment following the judge’s dismissal of the charges. The victims’ families had been informed of the action and were at peace with it, according to court officials.