RUSSELLVILLE, Ark. (KTHV) -- The man accused of beating Arkansas Tech student Nona Dirksmeyer to death in 2005 will not be tried a third time for now.
The decision to release Gary Dunn came unexpectedly as a third trial date had already been set for August 1.
However, the prosecution has made the decision not to proceed with the case at this time.
Dunn's attorneys had prepared a motion to dismiss the case but it was unnecessary.
The prosecution's order to nolle prosequi, meaning to drop the charges against Dunn was granted by Judge Bill Pearson.
After nearly two years behind bars for his neighbor's murder, Dunn was released from custody within an hour of the decision.
Dunn's family was in the courtroom, his mother prepared with street clothes for her son to wear.
Dunn had no comment as he was escorted by jailers back to Pope County Jail.
The judge ruled the investigation into Dirksmeyer's murder is still considered on-going and no evidence regarding it should be destroyed.
A protective order remains in place, prohibiting anyone involved from discussing the case for six months.
The prosecution does have the option to file charges against Dunn in the future, but for now he will not be facing a third trial.
Nona Dirksmeyer's family did not attend Tuesday's proceedings.