DALLAS (KRLD) — The capital murder charge against a Dallas man who went on a St. Patrick’s Day crime spree in 2012 has been dismissed, but prosecutors are trying to get the charge reinstated.

On the night of March 18, 2012, the crime spree began when Anthony Hill and an accomplice kidnapped a woman at gunpoint, driving to multiple ATMs in an attempt to withdraw money.

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While doing so, Hill confronted Ryan Lusk and a friend in their car on Greenville Ave. and demanded money. Hill shot Lusk, leaving him paralyzed and with many lingering medical problems.

Hill pleaded guilty to aggravated robbery, aggravated kidnapping and aggravated assault in July of 2013 and was sentenced to 45 years in prison.

In November of the same year, Lusk died of his injuries at the age of 25, prompting prosecutors to file a capital murder charge against Hill.

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A judge dismissed the capital murder case on grounds it was double jeopardy. Hill’s attorney says his client has already been punished for the crime.

“He got 45 years aggravated time, so it’s not as if he skated on the aggravated robbery,” said attorney Mike Ware.

The Dallas County District Attorney is appealing the ruling, saying the crime has no statute of limitations.

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