Judge James Tupper ruled there was not enough evidence to send 18 year old Cody Lee of Lake Township to trial for the murder of 80 year Herbert Lee in 2009.
But then state police re-arrested Cody Lee moments after the charges were thrown out.
He was arrested on new charges connected to the murder.
Lee's lawyer insists the arrest was illegal.
Joe Holden is following this story and will have more on Eyewitness News