The Cape Girardeau Prosecutor’s office has dropped murder charges against Malcolm Harris. Harris had been charged with the second degree murder in the shooting death of Nicholas Gilbert on December 16 of last year. Gilbert was killed at The Spot nightclub. Charges are being dismissed because evidence is not sufficient at this time to present the case to a jury, according to a press release from the prosecutor’s office. The case now goes back to the Cape Girardeau Police Department and will remain an open case and a continuing criminal investigation.