A Butler County judge dismissed all charges against a teen accused of shooting at two unknown men in the city.

However, District Attorney Richard Goldinger said prosecutors plan to file the same case, which includes an attempted murder charge, against 19-year-old Brandon K. Fairtrace of New Castle.

Fairtrace allegedly fired a .380-caliber semi-automatic Hi-Point pistol into an occupied vehicle after what one prosecutor has framed as a “self-confessed drug deal gone wrong” on March 1.

Fairtrace, who reportedly spoke to police, allegedly said he fired one shot into the air after two black males in a black sport utility vehicle took off with his backpack containing marijuana, according to previous court reports.

However, prosecutors reportedly have a witness who alleges the suspect also “took a tactical stance” behind a parked vehicle and fired one shot at the black SUV that sped away, according to previously published reports.

In addition to attempted homicide, Fairtrace was charged with weapons and drug violations.

But last month defense attorney Stanley Booker asked Judge Timothy McCune to dismiss all the charges. Asserting that prosecutors couldn’t produce any victims or drugs as evidence, Booker claimed the evidence presented at a March 24 preliminary hearing before District Judge Pete Shaffer was not sufficient to support the charges.

A hearing was scheduled April 30 before McCune to determine if the charges should be dismissed.

At that time, the prosecution presented no witnesses and acknowledged they did not have a transcript from the preliminary hearing. Booker countered that without one or the other, the court could dismiss the case or hold a second preliminary hearing.

McCune ruled in the defense’s favor, granting the defense request to dismiss the charges without further explanation.

Neither Goldinger nor Booker would comment further on the ruling.

Fairtrace as of Monday was still in the Butler County Prison. When the charges are refiled, the case will take the same track as it did the first time, starting with a preliminary hearing.