The District Attorney's Office dismissed a case against one of five men accused of being involved in an assault on an inmate at the Moffat County Jail on March 12.
The case against Matthew Penrose was dismissed because the District Attorney's Office had no evidence the man was directly involved in the assault, Penrose's attorney Erick Nord-strom said.
A representative of the Dis-tr-ict's Attorney's Office was unavailable for comment Tues-day.
Penrose is serving a sentence with the Colorado Department of Corrections on a separate charge. He and four other -- Shane Stockton, Luis Colon, Ryan Lesher and Tim Ober -- were charged with second-degree assault in connection with the case.
Hearings on the charges for the four other men are pending.
The victim of the alleged incident told police he thought his brother would want him beat up because he had "ratted him out."
The brother of the victim is one of the men accused in the assault.
The victim was treated at The Memorial Hospital after receiving several cuts under his left eye and on his cheeks and bumps to his head, according to court documents.
A doctor filled out a "serious bodily injury" form after treating the victim.