A Louisiana judge has agreed to toss out a second-degree murder indictment against a man accused of killing a Lake Charles pastor in 2013 over the alleged rape of his wife.

KPLC TV reports (http://bit.ly/1HN6c3f ) Judge Clayton Davis made the ruling Tuesday.

A defense attorney for Woodrow Karey had claimed the Calcasieu Parish District Attorney's Office reneged on a deal when the case was presented to a second grand jury.

Karey allegedly shot Harris at the Tabernacle of Praise Worship Center during a revival service.

Karey's wife had filed a rape complaint against Harris two days earlier.

Authorities say there was a relationship between Karey's wife and Harris, but did not say whether it was consensual.

Karey remains in custody. The DA's office hasn't commented on the ruling.

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Information from: KPLC-TV, http://kplctv.com