The state has decided not to prosecute 20-year-old Jonathan Fuller of New Haven, who had been charged with conspiring with two other men to murder Vernell "Tanko" Marshall outside of Ernie's Café in June 2007.Senior Assistant State's Attorney John P. Gravalec-Pannone entered a "nolle" in the case Thursday, saying the state would have had to rely on the two codefendants, whose cases have been disposed, to prove the charge of conspiracy to commit murder.

Senior Assistant State's Attorney John P. Gravalec-Pannone entered a "nolle" in the case Thursday, saying the state would have had to rely on the two codefendants, whose cases have been disposed, to prove the charge of conspiracy to commit murder.Marshall, 23, was fatally shot in the face as the result of a "beef" he had with Curtis McGill and Kurtis Turner, according to court testimony. Fuller had accompanied the two other men from New Haven to Ernie's Cafe in downtown New London that night, but said he had no idea of a murder plot. McGill, who allegedly ordered Marshall's killing because he was not paid a debt for the drug PCP, was acquitted by a Norwich jury last year. Turner was convicted in July and sentenced last month to 60 years in prison.

Marshall, 23, was fatally shot in the face as the result of a "beef" he had with Curtis McGill and Kurtis Turner, according to court testimony. Fuller had accompanied the two other men from New Haven to Ernie's Cafe in downtown New London that night, but said he had no idea of a murder plot. McGill, who allegedly ordered Marshall's killing because he was not paid a debt for the drug PCP, was acquitted by a Norwich jury last year. Turner was convicted in July and sentenced last month to 60 years in prison.Pannone said McGill and Turner were unlikely to cooperate with Fuller's prosecution.

Pannone said McGill and Turner were unlikely to cooperate with Fuller's prosecution.Judge Susan B. Handy told Fuller, who has been out of prison and on supervision while his case was pending, to make better choices.

Judge Susan B. Handy told Fuller, who has been out of prison and on supervision while his case was pending, to make better choices."You, in my opinion today, are getting the break of your 20-year-old life," the judge said. "Mr. Turner is serving a 60-year sentence. That could have been you."

"You, in my opinion today, are getting the break of your 20-year-old life," the judge said. "Mr. Turner is serving a 60-year sentence. That could have been you."A "nolle" disappears from a defendant's record unless he re-offends within 13 months.

A "nolle" disappears from a defendant's record unless he re-offends within 13 months. Fuller walked out of New London Superior Court, smiling, with defense attorney Mark L. Goodman and a woman.

Fuller walked out of New London Superior Court, smiling, with defense attorney Mark L. Goodman and a woman.- Karen Florin

- Karen Florin