Prosecutors for the state of Montana have dropped their case against Barry Beach, days after his case in Billings Municipal Court was also dismissed.
A motion filed in Montana's 15th District Court on Friday seeks to dismiss the case that could have revoked Beach's suspended sentence and sent him back to prison. Assistant Attorneys General Ole Olson and Chad Parker filed the motion.
The case against Beach in the 15th District Court was based on allegations in the Billings municipal case. After the Billings City Attorney's Office dismissed its case last week, the state followed suit.
The state's motion said that information from the Billings investigation made it "unlikely" that the state would prove Beach violated a protection order, and thus his suspended sentence.
The 15th District Court includes Roosevelt County, where Beach was sentenced in the 1970s for the killing of 17-year-old Kim Nees in Poplar. Gov. Steve Bullock granted Beach clemency, and he was released in 2015.
The release included a 10-year suspended sentence.
Beach was charged in city court last fall for violating a protection order, which was filed by a woman who says she shares a child with Beach. The woman alleged that Beach was at one point parked outside of her home. In filing the charge, Billings prosecutors said that data from a GPS monitoring unit backed up the claim.
State prosecutors then filed to revoke that suspended sentence based on the municipal allegations, threatening to put Beach back in prison.
Then on April 6, Deputy City Attorney Ben Halverson moved to dismiss the municipal charge. The motion said developments in the case, specifically reliance on testimony from the woman who made the claims, affected the city's ability to prove the case.
Beach hasn't shed scrutiny since his release. In 2016, he was accused of sexually propositioning a 12-year-old girl. Billings City Attorney Brent Brooks said in September that there wasn't enough evidence to charge him.
The woman involved in Beach's municipal case received her protection order about a month later.