A Louisiana district judge has thrown out a second-degree murder indictment against Woodrow Karey, who shot and killed Pastor Ronald Harris Sr., 53, during a revival service in September 2013.

Judge Clayton Davis found the prosecution reneged on an agreement to only pursue manslaughter charges against Karey. The murder trial was set to begin February 9.

A second grand jury hearing handed down the second-degree murder charge in June, after the initial grand jury indicted Karey for manslaughter.

Holly Carter with the Calcasieu Parish District Attorney's Office confirmed on Tuesday that Judge Davis granted the defence's motion to dismiss the second indictment. 

Karey, 54, was a deacon at Tabernacle of Praise Worship Center in Lake Charles, but stopped attending services four years before the shooting.

On September 27, 2013, Karey entered the church, approached Harris, and shot him in the back with a shotgun. As Harris lay on the ground, Karey shot him again. Police said about 60 people were inside the church at the time of the shooting, including Harris' family.

Harris' 31-year-old daughter, Talisha, said her father fell right in front of her children after he was shot.

"[Karey] came in down the middle aisle. He shot at my daddy," Talisha told CNN. "My daddy ran. He shot him in the back. When he fell, he came closer and shot him again."

Karey told police that about a week before the shooting, he found incriminating text messages between his wife and the pastor.

Allegedly, his wife told him that Harris had raped her several months prior, and she went to the police with her allegation on September 25.

Karey faces up to 40 years in prison if convicted of manslaughter.