Charges accusing a 36-year-old former Carlyle man with striking a toddler and another person were dismissed in Clinton County Court Wednesday in a motion that could allow prosecutors to take up the case again later.
James McDonald had been charged with two Class 2 felony counts of aggravated domestic battery involving strangling, two Class 3 felony counts aggravated battery to a child under the age of 13 resulting in bodily harm, Class 4 felony unlawful restraint, and misdemeanor interference with the reporting of domestic violence.
The prosecution filed a motion Wednesday to nolle prosse the charges against McDonald and close the case. If additional information or evidence is developed at a later date, prosecutors can move forward with the charges against McDonald without violating his Fifth Amendment rights against double jeopardy.
McDonald, former management at the Centralia Super Walmart, has moved to Peoria, Illinois since his arrest in the case. A related but separate order of protection was allowed to expire in December 2016 after no parties appeared in the case.