ORLANDO, Fla. — The family of Dylan Lyons, the TV news reporter shot dead while covering another deadly shooting, will have another chance at re-filing its wrongful death suit against Charter Communications after a federal judge on Monday dismissed it “without prejudice.”

Lyons, 24, was killed in the Pine Hills neighborhood of Orlando on Feb. 22, 2023, as he sat in his news van while reporting on the death of 38-year-old Natacha Augustin hours earlier. Her alleged killer, Keith Moses, was at large and hiding when he returned to the area and fatally shot 9-year-old T’Yonna Major and injured her mother.

Moses, who was 19 at the time, then fired into Lyons’ van, striking him through the heart, and injured a cameraman, who survived. Now 22, Moses faces the death penalty if convicted of first-degree murder for killing Lyons, Augustin and Major. His next court hearing is Dec. 5.

The lawsuit against Charter Communications — the parent company of Spectrum News 13, an Orlando Sentinel news partner where Lyons was employed — accused the company of sending Lyons to the scene without proper training or safety equipment.

In a nine-page decision, U.S. District Judge Anne Conway ruled that while the complaint “plausibly” claims the company knew Lyons could be injured or killed, it doesn’t allege Lyons “was not aware of the danger of reporting at the scene” while authorities looked for Moses. Attorneys representing Lyons’ family have until Nov. 10 to re-file the lawsuit or it will be tossed entirely.

Ryan Vescio, listed as the lead attorney representing the family, did not immediately respond to a message seeking comment. Charter Communications has denied wrongdoing in the past, but a spokesperson declined to comment when asked by a reporter on Tuesday.

On its face, the lawsuit was an unusual case as it raised questions about the responsibility of news organizations to protect journalists covering violent crime. The U.S. Press Freedom Tracker cited in the complaint logged hundreds of instances of journalists being shot on duty in the last decade, but the few that resulted in lawsuits were almost all filed against law enforcement agencies.

Additionally, the lawsuit made note of a 2017 survey showing more than half of journalists had participated in safety training in the previous three years. Mark NeJame, whose law firm brought the complaint against Charter Communications, told reporters earlier this year that Lyons’ death is “part of a culture that puts you in harm’s way.”

Lyons’ family is seeking at least $1.7 million in damages, according to a disclosure made public in May.

The lawsuit is also one of two filed related to that killing spree. The other case was also brought by NeJame Law, this time on behalf of T’Yonna Major’s parents accusing the Orange County Sheriff’s Office of failing to inform the public of Moses’ identity.

That complaint alleges Moses’ involvement was known to deputies as they investigated Augustin’s death but went undisclosed to the neighborhood, including to T’Yonna’s mother, even when she asked Deputy Jackson Keyes about the situation. As a result, the lawsuit claims, Moses was able to remain in the area undetected long enough to kill T’Yonna before going on to kill Lyons.

Keyes and the Sheriff’s Office deny any wrongdoing, and the lawsuit is ongoing pending a motion to dismiss.

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