Rochester, MN (KROC-AM News)- The Olmsted County Attorney’s Office has dismissed a felony riot charge it filed against a Rochester man earlier this year. 

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35-year-old Gerardo Augustin Ortega was charged with second-degree riot in January. 

The charge stemmed from an alleged attack of a man involving a baseball bat at a Rochester apartment complex in August of 2023. 

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In July the defense filed a motion to dismiss, arguing the state did not have probable cause to charge Ortega with the crime, according to court records. 

Olmsted County Court
Olmsted County Court
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The defense filed a motion demanding a jury trial last month. On September 9, the prosecution filed a motion to dismiss the charge. 

Olmsted County Court
Olmsted County Court
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Court records say the reason for the dismissal was “in the interest of justice.” The charge was dropped and the case was formally dismissed on September 10.

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