Superior Court Judge Stephanie Arend ordered prosecutors to drop two counts of illegally possessing a firearm against Eddie Lee Davis and one count of illegal gun possession against Douglas Edward Davis, deputy prosecutor Stephen Penner said.
The men remain charged with four counts each of first-degree rendering criminal assistance for allegedly helping Clemmons after he gunned down four Lakewood police officers Nov. 29 at a Parkland coffee shop.
Eddie Davis, 21, and Douglas Davis, 23, remain charged with one count each of illegally possessing a gun and possessing a stolen gun. Theyve pleaded not guilty and are to go to trial Oct. 28.
Prosecutors wrote in court documents that the men on Nov. 29 handled firearms Clemmons used to shoot Sgt. Mark Renninger and officers Tina Griswold, Gregory Richards and Ronald Owens. One of the guns was Richards service pistol, which Clemmons stole, court records show.
Eddie Davis and Douglas Davis have felony records prohibiting them from possessing weapons.
Prosecutors also had charged them with handling Clemmons weapons the night before the shooting, but Arend ruled after a hearing that there was not enough evidence for those charges to go forward, Penner said.
Also this week, Arend ruled as admissible at trial statements the two men made to law enforcement in the days after the shooting. Arend also will allow statements Clemmons aunt, Letrecia Nelson, made to investigators.
Nelson, 53, has pleaded not guilty to six counts of first-degree rendering criminal assistance and one count of possessing a stolen gun. Prosecutors allege she provided aid to her nephew after the shootings.
Prosecutors charged seven people in the aftermath of the massacre. Two have been convicted. The rest are awaiting trial.