The state has filed to dismiss a Class C felony aggravated assault charge against Michael Jon McCreary, 56, of Sidney, Mont., because the alleged victim refuses to cooperate.

McCreary had been accused of beating another man unconscious and seriously injuring him outside a downtown Minot club on Aug. 23, 2019. The alleged victim told police after the incident that he had been surrounded by a group of people wearing biker vests in an alley and did not remember what happened after that. McCreary, who is associated with a motorcycle gang, is allegedly seen on surveillance video beating the alleged victim unconscious and then walking away without checking to see if the other man was alive or rendering aid. A few minutes later, the motorcycle gang members are seen on video leaving the area on their motorcycles.

A prosecutor told Judge Stacy Louser on Wednesday morning that her office has tried repeatedly to contact the alleged victim but have consistently been rebuffed. The family of the alleged victim has also refused to provide contact information for him. McCreary had requested a speedy trial that was scheduled to begin on Aug. 6. The prosecutor said the state cannot proceed with the trial without the cooperation of the alleged victim, so she would file a motion to dismiss the charge altogether.

McCreary is currently serving a two-year sentence at the state penitentiary on an unrelated aggravated assault charge in Williams County.