An Albion man accused of murder is having charges against him dropped, but he’s not out of the woods yet.

The Battle Creek Enquirer reports that in Calhoun County District Court Wednesday, 29-year-old Maurice Berry was in for a preliminary examination to determine if there was enough evidence to send him to trial in the death of 24-year-old Andrew Bolton.

Prosecutors asked charges be dropped, since key witnesses could not be located to testify. However, open murder charges will likely be reinstated at a later date.

Authorities say that Berry was the one responsible for giving the victim a severe head injury last November, on East Erie St. in Albion. Bolton died several days after the attack.