HENRICO COUNTY, Va. -- A judge released a suspect from jail after the sheriff's deputy he was accused of hitting with his car in September failed to appear for court.
Prosecutors in Henrico County opted to set aside, or in legal terms nolle prosse, charges against Rashaun Deon Smith.
Smith, 26, was charged with two counts of assault on a law enforcement officer and driving on a suspended license after an incident at the Henrico County Juvenile/Domestic Relations building on September 29.
Smith was scheduled for a preliminary hearing at the Henrico County General District Court, Wednesday morning, but one of the deputies involved was on vacation and failed to show up to court, according to the prosecutor.
Smith was accused of hitting a deputy while driving away from Henrico Courts building, according to a sheriff's office spokesperson.
Deputies said Smith was to have a Capias served on him for a missed court appearance and they were attempting to request identification from the suspect.
The deputy was taken to the hospital and his injuries were then considered non life-threatening.
Henrico Police said the driver was eventually arrested in the 3600 block of Hargrove Avenue.
A witness claimed the suspect did not hit the deputy, but that the deputy fell to the ground when the suspect pulled off.
That same witness added it was "dumb" to run from the police for a failure to appear charge.
Officials pointed out that those charges could be reinstated in the future.