The Chicago Tribune reports that a judge has denied a retrial for a man after his twin brother claimed to be the killer in the case he was convicted for. The judge claimed to find the twin’s testimony uncredible.

Kevin Dugar was convicted of murdering a gang rival in Chicago in 2003 and wounding another victim. Karl Smith, his twin brother, testified in 2016 that he was the shooter and his brother had been wrongly convicted.

Smith is already serving a 99-year sentence for a 2008 armed robbery and home invasion, which resulted in a 6-year-old boy being shot in the head.

Dugar’s defense attorneys argued that he should be granted a new trial due to the brother’s admission to the murder. However, prosecutors told the court that the brothers were known to frequently pretend to be one another to confuse others. The judge agreed with them, after considering the fact that Smith only provided the confession after his own appeal was denied.

Dugar is now 40 years old and shed tears during the judge’s decision in court. His family did not provide comment.

He was convicted of murder in 2005 for the gang crime and sentenced to 54 years in prison. The victim who survived the attack, Ronnie Bolden, testified that the shooter was “Twin,” which was a street name used by both brothers. Their gang, Conservative Vice Lords, was feuding with Bolden’s gang, Black P Stones, at the time. A different witness, who was 16 years old, recanted her identification of Dugar as the gunman, saying Bolden told her to do so.

*Photo credit Illinois Department of Corrections