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Charges dismissed against eye doctor who killed self

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Mishawaka - A federal judge has formally dismissed fraud and conspiracy charges against a northern Indiana eye doctor and his wife who died in an apparent murder-suicide.

The South Bend Tribune reports that attorneys for Philip and Marcella Gabriele had requested the dismissal of health care fraud, wire fraud and conspiracy charges because the Gabrieles no longer are alive.

Court records show the government's fraud case continues against their practice, the Gabriele Eye Institute Police found the Gabrieles dead at his Elkhart office June 15, three days after they were named in an indictment accusing them of fraud and injuring patients through unnecessary procedures.

Investigators have determined Philip Gabriele fatally shot himself and that Marcella's death was a homicide.

(Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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