MIDLAND, Texas — A Midland judge has quashed the indictment of a former Midland Christian employee accused of failing to report the assault of a student.
Judge Jeff Robnett dismissed the indictment against Matthew Counts on Monday.
Counts is one of five employees originally arrested by the Midland Police Department and no billed by a grand jury. He and two of the others were rearrested and indicted back in November.
However, Counts isn't fully clear of that criminal charge just yet.
District Attorney Laura Nodolf says her office has filed an appeal of the dismissal, which the state is entitled to do.
The case will be looked at by the Court of Appeals, but at this time there is no word on when a decision could be made.
Nodolf also says the other two former employees that were indicted, Jared Lee and Dana Ellis, also have filed motions to quash but those hearings have not happened yet.
NewsWest 9 has reached out to Counts' lawyer for comment but we have not heard back at this time.
Counts and the other four Midland Christian employees are also currently suing the City of Midland and three of its police officers over what they allege were arrest warrants filled with "deliberate and reckless falsehoods" as well as behavior resulting in public humiliation of the group.