On Wednesday afternoon, Middletown Municipal Court Judge James Sherron dismissed charges against Tarrance without prejudice.
Assistant Butler County Prosecutor Dan Phillips said the directive came to avoid possible double jeopardy issues because lab results, which have not yet been received, may be needed to make a case for the more serious charges at the common pleas level. In other words, prosecutors are trying to avoid a plea to lower charges at the municipal level that would not permit use of the evidence if and when the case is permitted to a grand jury.
“We want these cases to go forward when they are sufficient to make it to a courtroom,” said Butler County Prosecutor Michael Gmoser. “He is not getting a pass, this is a justifiable delay. Justice will eventually be done.”
Troopers are continuing to investigate the crash. Investigators from OSHP Office of Criminal Investigations and Middletown police and fire and EMS assisted at the scene.