Judge David A. Wiseman granted the motion to dismiss filed by Assistant Attorney General Russel Lorfing, the prosecutor.
The CNMI government said after reviewing evidence collected in this case, it “does not currently believe it can meet its burden” against Christopher Ayuyu, 36, the defendant.
Dismissal without prejudice means the government can still re-file the charges.
Attorney Matthew Smith served as court-appointed counsel for Ayuyu.
The court ordered the release of Ayuyu’s travel documents, and the exoneration of his bail.
The prosecution earlier charged Ayuyu with burglary, possession or removal of government property, and criminal mischief after he broke into, and took marijuana from, DPS evidence room on Aug. 9, 2010.
Police said Ayuyu took two boxes of marijuana from the evidence room.
A call from a concerned citizen led to the arrest of Ayuyu.
