A North Carolina prosecutor has dismissed charges against a man convicted of murder as a teenager and imprisoned 28 years ago, saying there's not enough evidence to re-try the case.

New Hanover County District Attorney Ben David said Thursday that his office will not prosecute 43-year-old Johnny Small for murder a second time.

Last month, a Superior Court judge ruled there wasn't enough evidence to justify Small's conviction for the 1988 murder of Pam Dreher in Wilmington. The judge determined it was physically impossible for a supposed eyewitness to have seen Small, who was 15 at the time, at the victim's business and that police withheld key evidence.

The judge released Small on house arrest and gave prosecutors the option of trying the case again.