EVERETT, Wash. (AP) — An Edmonds man’s first-degree murder charge in the death of his father has been dismissed because of delays in mental health treatment.

A Snohomish County Judge on Wednesday found John Fry’s continued wait for transport to Western State Hospital could violate his due process rights. Judge Ellis said in court that Fry’s dangerousness is obvious, yet it is not appropriate to maintain him in the Snohomish County Jail without a reliable path towards restoration services.

She said she would dismiss the case but that charges could be refiled in the future.

Stephen Fry was killed in his Edmonds home in November 2019.