The deliberate homicide trial for David Hylton was to have begun Friday, but two important witnesses for the prosecution fled to Canada, and have refused to return and testify. Deputy Missoula County Attorney Jason Marks says he is deeply frustrated that Hylton had to be released from the Missoula County Jail on Wednesday, where he has been held on $250,000 bond for the last six months.

Hylton was accused of striking Angelo Fuentes outside a hi-hop concert at the Elks Club, causing him to fall and strike his head on the sidewalk. Fuentes later died of his injuries. Hylton was arrested six months later after he turned himself in. Marks says the charges against Hylton were dismissed without prejudice, meaning they could be refiled if and when the witnesses become available. Comments from Jason Marks are below.