EPHRATA - Prosecutors dismissed charges against the two men accused of the shooting and stabbing death of Luis Martinez.

Alfredo L. Silva, 18, Soap Lake, was charged with murder in the second degree and unlawful possession of a firearm in the second degree, according to Grant County Superior Court records.

His brother, Juan D. Silva, 18, was charged with murder in the second degree and assault in the first degree, according to court records.

Prosecutor Angus Lee explained in a declaration, the initial charges were appropriate based on the initial investigations of the Columbia Basin Investigation Team.

"Felony murder is appropriate where the person charged is an active participant in a felony and as a result of that felony someone dies," Lee wrote. "In this case, the predicate felony was riot."

He continued, stating the charge didn't require the Silvas to be directly responsible for the death. Since prosecutors filed the initial charges, investigators from the prosecutor's office and the Columbia Basin Investigative Team discovered more information. Part of the information came directly from the brothers, who were interviewed separately by Lee and police investigators.

"The Silva brothers answered every question asked of them during these interviews," he stated. "They also both separately executed written statements under the penalty of perjury regarding the involvement of themselves and others as it relates to this incident ... Based on all the information I now have, it appears that neither Silva was the shooter nor does it appear that they have any culpability for the acts of the third person, who they identified as the shooter."

The most likely scenario for what happened started with the Silvas at a Soap Lake party, Lee wrote. After Alfredo Silva and two others left the house, one of the girls at the party called friends from Moses Lake and asked them to come over.

The friends from Moses Lake included two gang members, Luis and Efrain Martinez, he stated. When Juan Silva met the group a few blocks away from the party, the Martinezes reportedly jumped out of the car and assaulted him.

"Luis Martinez then told (Juan) Silva that he had a gun," Lee wrote. "He did, in fact, have a 9 mm handgun."

The alleged assault was completely unprovoked, he stated. Juan Silva is not a gang member.

Juan Silva allegedly told the group they should calm down, and he was only there to give directions to the party, according to court records. After reportedly asking the Martinez brothers to "be cool" if they came to the party, Juan Silva returned to the house.

"Once there, he told everyone there that he was assaulted by two ... (gang) members who had a gun and that they were coming to the house," Lee stated. "The Martinez brothers came to the party and went inside the house. Everyone in the house was scared. Juan Silva tried to make peace with the Martinez brothers."

The situation allegedly remained calm until Alfredo Silva returned to the party and heard about the assault, according to court records. When Alfredo Silva reportedly confronted Efrain Martinez about the attack, a fight started.

"As soon as the fight started, the deceased, Luis Martinez flipped over a table, yelling, 'Oh yeah,' and pulled a 9 mm handgun out and pointed it at Alfredo Silva," Lee stated. "Juan Silva felt his brother was going to be shot so he defended him by attempting to take the gun from Luis Martinez."

Juan Silva allegedly couldn't get the gun away from Luis Martinez, so he ran from the house, yelling, "He has a gun and is going to shoot my brother," he stated. At this point, a third unnamed person fired three shots at Luis Martinez.

"The third individual has been identified.  However, as all the available and reliable evidence now indicates that this individual was acting in the defense of those endangered by the deceased gang member who was pointing a gun at one of the Silva brothers, it is not likely that he will be charged," Lee stated.

The prosecutor pointed out Efrain Martinez has numerous convictions and is presently facing extortion, robbery and harassment charges. He reportedly didn't cooperate with the prosecution.

"He has been advised of this action and still remains uncooperative," Lee stated. "I have previously advised the chief of police of each agency that is part of (the Columbia Basin Investigative Team) and the sheriff of this action and the basis therefore. I have heard no objection."

Luis Martinez's girlfriend told investigators she was not allowed to leave when the fight began, and saw Alfredo Silva wrestling with Luis Martinez for the gun, according to court records.

"Many of the initial witness reports in this case were sketchy and found to be unreliable upon review of the final investigative reports," Lee stated. "The claim that Martinez's girlfriend was not allowed to leave was found to be unreliable when viewed in context and with all the information available, including other witness statements and the final investigative reports."