ALBUQUERQUE, N.M. (KRQE) – The state is responding after a man police say nearly killed a teen with a shovel filed a motion to have the charges against him dropped.

Justin Hansen is on house arrest while awaiting trial for the beating of Brittani Marcell in her Albuquerque home in 2008. Hansen was arrested in July nearly 10 years after the crime.

Earlier this month, Hansen’s attorney filed a motion asking the court to drop the charges against him. His attorney claims the statute of limitations has expired.

Monday, the state said DNA proves Hansen was the attacker and that prosecutors went to court before the clock ran out and indicted Hansen’s DNA.

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