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FLORISSANT, Mo. (KSDK) – A prosecutor will decide if a man accused of fatally pinning his 24-year-old twin brother into a tree with his car will face charges.

Police say four adults were playing a pick-up basketball game at Cross Keys Middle School at around 6 p.m. Sunday. They got into a fight, police say, and one of the participants told authorities he got in his Chevy Tahoe and drove toward the other three in an attempt to break up the altercation.

Two of the men got out of the way, but the third – identified as Marlon Horton, the driver's twin brother – was struck and pinned to a tree, police say. He later died at the hospital.

The driver was arrested at the scene on suspicion of involuntary manslaughter, but later released without being charged. Police say there's no evidence he was impaired.

Police say Horton's brother is very remorseful.

Elizabeth Matthews will have more about what happened on NewsChannel 5 at 10 p.m.

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