UPDATE: Video: One Manning Murder Case to Be Dismissed

Click here to read Supreme Court opinion.

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STARKVILLE, Miss. (WCBI) — A prosecutor says he’ll drop one capital murder case against an Oktibbeha County man who was hours from being put to death in 2013. But the man still faces the death penalty in a separate case.

Thursday, the state Supreme Court ordered a new trial for Willie Jerome “Fly” Manning on his conviction from a 1993 murder of an elderly woman and her daughter.

And District Attorney Forrest Allgood says he will dismiss those charges.

“There’s not any way I can prosecute that case now,” Allgood said Friday. “The key witness, Kevin Lucious, has recanted his testimony so we can’t put him on. That about does it.

“But the capital murder charges in the deaths of the two students are still in place. He (Manning) isn’t going anywhere on those,” Allgood continued.

Allgood says he will drop this case against Manning “as soon as I can get back over to Oktibbeha County.” Allgood and his staff are finishing up the first week of a three-week term in Lowndes County Circuit Court. He prosecutes cases in the 16th Circuit which covers Lowndes, Oktibbeha, Clay and Noxubee counties.

Manning remains on death row for the conviction in the deaths of two Mississippi State students in the fall of 1992. Manning had exhausted all his appeals in that case but got new life — literally — when the state Supreme Court granted his request for fingerprint and DNA testing based on technology that wasn’t available 15 or 20 years ago.

The court’s ruling reversed its previous decision denying the request. The decision came in July 2013. Two months earlier, Manning was just hours from a May 7 execution when the Supreme Court stayed his execution to consider the finerprint and DNA request.

In 1994, Manning was convicted of capital murder and given the death penalty in the 1992 murders of Jon Steckler and Tiffany Miller.

In its 7-2 decision Thursday on another murder case against Manning, the court ruled police withheld evidence from prosecutors and defense attorneys, most notably information that the apartment where the state’s key witness, Lucious, said he was when he saw Manning, was empty at the time, that could have made a difference in the trial. The ruling comes following a hearing in October .

The case of question for Thursday’s ruling is the slayings of 90-year-old Emmoline Jimmerson and 60-year-old daughter Alberta Johnson during a robbery at their apartment in Brooksville Gardens, back in 1993.

Manning’s lawyers say the evidence would have refuted the testimony of a star witness. Lucious, who is serving two life sentences for crimes of his own, claimed he saw Manning enter their apartment apartment shortly before they were killed.

But a police canvas found the apartment where Lucious said he was was empty and not rented.

Coupled with a state crime lab report that showed a size eight shoe print was found next the bodies, but never offered to the defense, Manning’s attorney says its enough evidence for a new trial.