HILO >> A former boxer is no longer facing a murder charge in the death of his girlfriend, but is still scheduled for a May trial in the death of the woman’s 18-month-old daughter.

The Hawaii Tribune-Herald reports prosecutors asked a judge to dismiss the charge against Xavier Cortez Jr. in the 2011 strangling death of 20-year-old Sommer Ferreira due to a lack of cooperating witnesses.

Ferreira’s death occurred almost nine months after her daughter died at a Honolulu hospital. A prosecutor said Cortez killed Ferreira to stop her from testifying against him in her daughter’s death.

A Hilo judge dismissed the charge and allowed prosecutors to refile later.

In a separate case, prosecutors can refile charges in a murder case that was dismissed last week after three witnesses refused to testify.

The Hawaii Tribune-Herald reports prosecutors have asked police to expedite forensic evidence testing in the Jan. 1 shooting death of 59-year-old Barton Bumatay. The suspect, Eric Fontes Jr., is in jail facing unrelated drug charges.

Deputy Prosecutor Kevin Hashizaki said Friday that the state had no evidence to pursue the case without the three witnesses, whose attorneys advised them against testifying. The witnesses were not offered immunity and invoked their Fifth Amendment right against self-incrimination.

Court-appointed attorney Cody Frenz said his client was prepared to offer a defense that includes alibi witnesses.