David Zachary Swigart, 53, was charged in November with several sexual assault charges after DNA testing linked him to a September 2010 sexual assault of a woman who had been walking to a Salt Lake County bus stop.
But a judge on Monday dismissed the case at the request of Swigart’s attorneys, after the alleged victim never got on a plane in January to come to Utah to testify at a preliminary hearing.
The charges were dismissed without prejudice, meaning the case can be refiled in the future. Deesing said if investigators can get back in contact with the woman — who now lives out-of-state — prosecutors will consider re-filing the case.