Jury deliberations began Wednesday afternoon.
A judge ruled the state hadn't provided sufficient evidence to support the charge.
Read all of the Diamondback's coverage of the trial for Sean Urbanski, who's charged with murder in the killing.
The jury will hear closing arguments Wednesday.
He's charged with murder and a hate crime in the stabbing of 2nd Lt. Richard Collins.
He would have turned 26 on Thursday.
The judge had to tell a packed courtroom Wednesday that symbols supporting one side or another weren't permitted.
Prosecutors, though, said racist images "poisoned" Urbanski's mind.
Urbanski is charged with murder and a hate crime in the killing of 2nd Lt. Richard Collins.