The 4th Judicial District Attorney’s Office announced Wednesday that all charges were being dropped against the three adults and two minors who had been facing trial for a fatal Jan. 16 shooting.

The DA’s office said it dropped the charges because of a lack of enough evidence to proceed to trial.

The dismissal of charges was done without prejudice, according to the DA’s statement, meaning that those same charges could be filed again at a later date. Additionally, the DA’s statement said that some of the defendants will still be facing charges from an unrelated incident that occurred in El Paso County.

Zion Alexander Tilmon, 20, Ami Gallegos, 18, Noah Watkins, 20, and two minors had been charged with second-degree murder, aggravated robbery, attempted murder, assault and menacing. Those five were identified by investigators as being involved in a shootout in a residential garage in the 7000 block of Dove Creek Circle, near Fontaine and Powers boulevards.

According to the El Paso County Sheriff’s deputies who arrived on the scene, they found two males with gunshot wounds at the residence, and one male dead on the scene with apparent gunshot wounds. He was later identified as Jonah Thirkill, 19.

A fourth person arrived at a hospital later with a gunshot wound, was treated and discharged.

Witnesses at the scene told investigators that many of the victims had been in the garage when a group of people entered the space and started shooting.

The arrest affidavit for Watkins indicates that he was living at the house where the shooting occurred, and that he told investigators that the shooting might have been over some marijuana he and Gallegos had previously stolen.

According to the arrest affidavit, investigators obtained dash camera footage from a nearby parked car that they say shows the arrival of three individuals, followed by an altercation, including the moment Thirkill seems to be killed. A search warrant of the residence resulted in officers finding six handguns and a sawed-off shotgun. None of the weapons were properly registered to the individuals involved in the shooting.

The DA’s office statement

On June 25, 2025, the 4th Judicial District Attorney’s Office moved to dismiss charges against several defendants in connection to the shooting death of Jonah Thirkill that occurred on January 16, 2025, in El Paso County.

 Prosecutors moved to dismiss charges related to Thirkill’s death because the evidence known to our office, at this time, is insufficient to satisfy our burden of proof at trial, which is proof beyond a reasonable doubt. Due to that insufficiency of evidence, there is no reasonable likelihood of success at trial.

It is worth noting the burden of proof at trial is higher than the burden of proof to make a lawful arrest. A lawful arrest requires a finding of probable cause, whereas achieving a guilty verdict at trial requires proof beyond a reasonable doubt.

Notably, the dismissal of charges on Wednesday was made without prejudice and is therefore subject to re-filing. To that end, an active investigation into Thirkill’s death remains open. Because the investigation is ongoing there will be no further comment at this time.

Separately, a number of defendants who appeared in court on Wednesday continue to face criminal charges associated with an unrelated incident that also occurred in El Paso County.

As a reminder, criminal charges are merely allegations, and all persons charged with committing a criminal act are presumed innocent until proven guilty beyond a reasonable doubt.