Jefferson County Circuit Judge Tommy Nail has dismissed the case against 48-year-old Robert “Bob” Carleton, of Pell City, accused of murdering his father last year.

Judge Nail dismissed the indictment against Carleton based on the self defense statute, Madison County Assistant District Attorney Jay Town said.

William “Bill” Randolph Carleton, Sr., died from a gunshot wound to the head in 2009. Carleton’s son admitted to authorities that he shot his father once in the head with a Mossberg shotgun in self defense.

Town said he has already filed the notice of appeal.

Bob Carleton’s attorneys, Erskin Funderburg and Vann Davis said via press release: “Bob Carleton was placed in a horrible position that required him to defend himself, which he did. He stood his ground where he had a lawful right to be and repealeled the attempted use of force against him.”

Town, however, said the prosecution’s appeal will see the case go to trial in the future.

“We’re very confident that we will be successful on appeal and we will one day be trying Bob Carleton for the murder of his father,” Town said Wednesday afternoon. “We share the same disappointment that the family is experiencing right now and there’s no quit in us and we will fight this thing to some finality.”

Town and Assistant D.A. Tim Gann and were appointed as special prosecutors to the case after St. Clair D.A. Richard Minor recused himself at Bill Carleton’s family’s request.

Judge Nail was appointed by Sue Bell Cobb to preside over the case after St. Clair Circuit Judge Charles Robinson recused himself earlier this year. Robinson was presiding over a civil case involving the Carleton family.