LOUISVILLE, Ky. (WDRB) -- Charges have now been dismissed against two men accused of shooting a postal carrier.. who investigators say had been delivering drugs on his route. 

Marcus Bennett and his brother, Eric Bennett, were both facing federal charges of Assaulting, Resisting or Impeding Certain Officers or Employees, and Discharging a Firearm During the Commission of a Violent Felony. According to online court records, the motion to dismiss the charges against Marcus Bennett was was filed by a U.S. Attorney on Thursday. Magistrate Judge Dave Whalin signed that motion last night, and Marcus Bennett was released.  A similar motion to dismiss the charges against Marcus' brother, Eric Bennett, was filed and signed today.

Mail carrier, Da'Ron Lester was shot around 10:30 a.m. on Feb. 10, while delivering mail along Dearborn Avenue. According to an affidavit, he identified Eric Bennett as the shooter, with Marcus Bennett riding in the passenger seat both men were believed to be in at the time.

But earlier this week, time-stamped courtroom video surfaced, appearing to show Marcus Bennett in a Jefferson County, Ky., court at the time of the shooting. The video appears to show Marcus Bennett in court around 10:23 a.m. That's just minutes before court documents allege Lester was shot.

His brother, Eric Bennett, also appeared to be seated behind his Marcus beginning at 11:24 a.m., in the video.

Eric Bennett spoke briefly with WDRB photojournalist Dave White after the ruling this afternoon.

"I'm a free man," he said. "I'm innocent, and they slammed on my character. Talk to my lawyer."

Charges could be refiled against either or both men at a later date.

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