A Butler man had his charge dismissed Monday, Aug. 3, after being accused of assaulting a woman who allegedly faked a drug overdose to get away from him, according to police.

Jordan Dean Ruby, 31, had his misdemeanor count of simple assault dismissed by District Judge William Fullerton at a preliminary hearing after the woman he was accused of assaulting did not show up to testify.

Ruby was charged June 5 after police received a call for a woman possibly overdosing in a vehicle parked in an alley. The woman told police she was not overdosing or even intoxicated but needed to get away from Ruby.

Police said they found a raised bump and minor laceration with blood coming from it on the back of the woman’s head, which she said was caused by Ruby slamming her on the ground.

Police said Ruby admitted the two had been arguing but did not mention a physical altercation.

Police said the woman was contacted and subpoenaed for court but did not respond. Police may refile the charges if the woman chooses to testify later.