(BOONVILLE, Ind.) -- A judge ruled a former state trooper charged with killing his wife and two young children not guilty on a count of conspiracy to commit murder.

David Camm still faces three counts of murder, but Warrick Superior Court Judge Robert Aylsworth ruled Monday afternoon that prosecutors didn't prove the conspiracy charge.

Camm's attorneys are to begin presenting their defense case to the jury tomorrow.

Defense attorney Katharine Liell says prosecutors failed to prove a conspiracy between Camm and alleged accomplice Charles Boney because one didn't exist.

Boney is awaiting sentencing after being convicted for the murders in a separate trial last month.

Camm's attorneys contend he was playing basketball with more than ten others at a church gym when his family was killed in their Floyd County home.