OMAHA, Neb. -- The Douglas County Attorney's office has refiled a murder charge against a 26-year-old Omaha man, just hours after a judge dismissed the case for lack of evidence.

Derrick West-Jones was charged with murder and use of a weapon in the April shooting of Kathleen Jackson, 20, in an Omaha apartment building. Investigators say she had complained about loud music coming from his apartment.

Douglas County Judge Lawrence Barrett dismissed the charges on Wednesday.

Prosecutors say the physical evidence and witness statements combine to present a strong case, so they'll try again. The murder charge was refiled before West-Jones was released from jail.

Jackson's father, LaMark Dale, left the courtroom in tears after the dismissal of charges.

"I didn't understand it, because he got away with it once and now he got away with it again. And they had witnesses, so I don't know what the deal is," Dale said.

Jones was charged in August 2005 with the death of Wesley Carter. That case ended with a hung jury.