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Matthew Susmilch was accused of killing 47-year-old Anthony Calderone on State Route 36 near mile marker 43 in 2018, and in August, a judge ruled there was enough evidence for the case to receive a trial. The district attorney’s office made a motion to dismiss the charges because of new evidence that indicated Susmilch was acting in self-defense, said Deputy District Attorney Luke Bernthal.

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