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INDIANA, Pa. (KDKA) —Homicide charges have been dropped against an Indiana University of Pennsylvania student.

A pre-trial motion by the defense to dismiss charges against 19-year-old Brady DiStefano was approved by the judge.

The Indiana County district attorney plans to appeal the judge’s decision to dismiss the charges. The district attorney is also planning to re-file the charges.

DiStefano had been ordered to stand trial in connection with the death of a fraternity brother.

Caleb Zweig, 20, died last February after he got into a fight with DiStefano on a street near the IUP campus.

DiStefano’s defense attorney had argued that the autopsy report didn’t match allegations that DiStefano asphyxiated the victim.