A charge of first-degree murder has been dismissed against a man accused in a 2010 homicide.

Julian Bustos-Beiza was charged in November in connection with the May 9, 2010, fatal shooting of Gregoria Rodriguez Delgado at Provocon Mini Food Mart in Middlesex.

The district attorney’s office dismissed the charges Friday, said Bustos-Beiza’s defense attorney Tommy Moore. Bustos-Beiza was released Monday from Nash County jail, where he had been held since being extradited in November from Georgia.

“I think an innocent man went free yesterday,” Moore said Tuesday. “I’m sorry the release didn’t happen sooner, but I’ve been doing this long enough to know how it works.”

Moore said the district attorney’s office dismissed the charges because of a lack of evidence.

“There was enough evidence for a warrant but through the discovery of evidence, myself and the district attorney’s office agreed there was not enough evidence to go forward,” he said. “This was one of those situations where unfortunately something led to his arrest but when the dust settled, cooler heads prevailed.”

Bustos-Beiza, 48, is a business owner in Georgia who lived in Spring Hope around the time of the homicide.

Police said Delgado, 27, got into a fight with several people inside the Middlesex store, which operated as a club at night. The fight then moved into the parking lot, where the victim was shot seven times, police said.

“One (shot) was at close range to the victim, even though he had already died,” police stated in an initial press release.

Bustos-Beiza was the only person charged in the slaying, and Middlesex police said the evidence was circumstantial. “I believe there is no chance the charges will be reinstated, and I feel very strongly (Bustos-Beiza) was not even at the bar when this happened,” Moore said.

Anyone with information about the shooting is asked to call Middlesex police at 235-4077 or Twin County Crime Stoppers at 977-1111.