By Allan Lengel
Things just improved a little for FBI agent Joseph Astarita.
A Portland federal judge on Monday threw out two of the five charges against Astarita, who is accused of lying about firing his weapon during a 2016 confrontation with Oregon occupation spokesman Robert “LaVoy” Finicum, who was fatally shot, The Oregonian reports. 
U.S. District Judge Robert E. Jones struck one count of making a false statement and one count of obstruction of justice.
In June, the judge dealt a blow to the government’s case by ruling that part of the government’s key evidence, a 3D model that pinpointed where prosecutors suspect the agent was standing when he’s accused of firing at Finicum, can’t be used. Astarita denies firing his weapon.
Jury selection begins next week.