OKLAHOMA CITY -- An Oklahoma County judge has dismissed one of the charges against three men accused of beating and paralyzing an Oklahoma City police officer.
On Wednesday, the judge dropped the conspiracy charges against Josh Rinken, Cadmio Lopez and Jimmy Smith. The district attorney said he will appeal that decision.
"We respect that ruling and understand why he made it, and he intently listened to the evidence, so we know it wasn't a decision made lightly by Judge Doak," said Oklahoma County District Attorney David Prater.
All three men are still charged with maiming, and assault and battery of a police officer. Prosecutors said the suspects attacked Officer Chad Peery back in February when he tried to break up a fight at an Oklahoma City bar.
The Peery's, along with Chad's police family, were disheartened that the judge decided to drop one of the charges against the accused attackers, but they continue to stay strong.
"We've been traveling this journey of healing with Chad, and this is probably one of the biggest steps now in the journey towards justice," said Jan Peery, Officer Peery's mother.
Meanwhile, Rinken's attorney Tommy Adler said the judge's decision was fair."It was just a situation that spun out of control there was no evidence presented by anybody that there was any preexisting plan to do any of this to get in any fight at all or more specifically to harm Officer Peery in any way shape or form," Adler said.
Learn more information about an upcoming fundraiser for Officer Peery on June 11 in Edmond.