Criminal charges will be dismissed against the only person charged with murder in a shooting at a motorcycle rally in a northern New Mexico mountain resort town that killed three men and injured five other people.

A prosecutor said in a filing Monday that the charges against 30-year-old Jacob Castillo of Rio Rancho are being dismissed because of the ongoing investigation into the May 27 shooting in Red River. Prosecutors can refile the charges.

Authorities say the three men who were killed were members of a rival outlaw biker gang and that the the violence stemmed from a previous altercation between involving the Bandidos and Waterdogs gangs in Albuquerque.

NEW MEXICO AUTHORITIES IDENTIFY SUSPECTS IN 1988 COLD CASE DISAPPEARANCE OF 19-YEAR-OLD TARA CALICO

New Mexico Fox News graphic

A case is set to be dismissed against the only man charged with murder in a deadly shootout in New Mexico. 

CLICK HERE TO GET THE FOX NEWS APP

The Eighth Judicial District Attorney’s office and Castillo’s attorney, Adam Oakey, didn’t immediately respond late Tuesday afternoon to a request for comment on the dismissal.

Those killed were identified as 26-year-old Anthony Silva of Los Lunas, 46-year-old Damian Breaux of Socorro and 46-year-old Randy Sanchez of Albuquerque.