Updated: Homicide charge to be dropped, investigation continuing

UPDATED MONDAY, FEB. 22: Twenty-second Judicial District Judge Blair Jones has granted the prosecution's motion to dismiss the case against Michael Holtz, according to a court document filed on Feb. 19.
That means that Holtz, 23, is no longer charged with the negligent homicide of then 27-year-old Forest Dana in the early morning hours of July 28, 2013. Dana was found by family members in the alley directly behind their home. A medical examiner determined that Dana was killed when his spinal cord was severed as the result of being run over by a vehicle, according to court documents. Holtz had also been charged with one count of tampering or fabricating physical evidence for allegedly crashing his car to cause additional damage. DNA from Dana was found on Holtz’s car, according to prosecutors.
Both charges were dismissed without prejudice, meaning prosecutors can refile them.

THE CASE
The charges were dropped based on a lack of witnesses who can positively identify the defendant.
In a motion filed on Feb. 18 by Stillwater County Attorney Nancy Rohde and Assistant Attorney General Joel Thompson, the prosecutors wrote the following:
“Based on the results of the continuing investigation by both the state and the defense, and in response to the defendant’s ‘Notice of Alibi Defense,’ the state believes there is a question based on the current evidence that a unanimous jury would find the defendant guilty beyond a reasonable doubt.”
The motion to dismiss also states that “the investigation identified the motor vehicle utilized. However, the investigation has not revealed any witness that can provide the identity of the driver beyond a reasonable doubt. The evidence is highly suggestive of the driver’s identity, nonetheless, the state has the burden of proof beyond a reasonable doubt.”
As of Wednesday morning, 22nd Judicial Court District Judge Blair Jones had not signed the motion.
Prosecutors are seeking to dismiss the charges without prejudice, meaning they can be refiled. Defense attorney Vern Woodward did not respond to a request for comment by press time.
The Dana family was notified of the prosecution's motion to dismiss before that document was actually filed in district court.
The case had been scheduled to go to trial in December 2015 but Rohde was granted a continuance after Woodward added Ron Cummins to the trial list. Cummins is Woodward’s investigator who allegedly found information that supports an alibi defense. That information was given to prosecutors and lead law enforcement in October 2015, according to court documents. Other evidence supporting the alibi “consists primarily of the security video of the 5 Spot Bar,” according to court documents.
Woodward had unsuccessfully sought to have all evidence seized from Holtz’s car suppressed. That evidence included what prosecutors contend was Dana’s DNA on the car.
Investigators found multiple witnesses who saw a vehicle matching the description of the one Holtz drives speeding down the alley and elsewhere in town that night.
Authorities are continuing to investigate.