LAS VEGAS (KLAS) — Charges have been dropped against a 28-year-old man who had been accused in the January death of a 1-year-old boy.

Nikko McLachlan could still be prosecuted if charges are refiled, according to court documents.

Charges were dismissed “without prejudice” on Oct. 6 after Arizona Superior Court Judge Billy K. Sipe, Jr. questioned whether a crime had even been committed. The 1-year-old son of McLachlan’s girlfriend died in a Las Vegas hospital three days after police found McLachlan giving CPR to the child.

Mohave County Sheriff’s Office deputies responded to the scene in Fort Mohave on Jan. 7. The child was taken to a medical center in Fort Mohave before being flown to UMC Children’s Hospital in Las Vegas. The child died there on Jan. 10.

The Clark County Medical Examiner’s Office told investigators that the child died due to an extensive brain injury, but the facts surrounding that injury are now in question.

McLachlan was indicted two weeks after the boy’s death in what his attorney described as a “rush to indict.”

Felony charges of first-degree murder by domestic violence, child abuse by domestic violence and second-degree murder were dismissed the week after Sipe remanded the case to a Mohave County grand jury.

McLachlan’s attorney, Shannon Peters, said the indictment relied on false statements from the lead investigator in the case, who got information from a nurse that no one can identify now.

Peters pointed to the child’s other medical conditions and disputed “shaken baby” allegations in the case.

According to Arizona media reports, McLachlan has left the state and now lives in California.