UPDATE: A law enforcement source did confirm such news to WNYNewsNow.
MAYVILLE – Chautauqua County Court Judge David Foley threw out the charges against Thomas Jadlowski due to a technicality, according to a report Thursday from our news partner, WIVB-TV.
According to the report, Foley said the grand jury should have been presented with the option of charging Jadlowski with the lesser charge of criminally negligent homicide.
Chautauqua County District Attorney Patrick Swanson told WIVB-TV that he will make a decision on whether to re-present the case to a grand jury in the coming days.
Swanson said, per the report, that Judge Foley indicated there was sufficient evidence to support the second-degree manslaughter charge in the death of Sherman native Rosemary Billquist.
Swanson has the option of re-presenting the same charge, lesser charges or appealing the judge’s decision. Swanson said an appeal could take months.