Norfolk, Va. - An assault charge against one of the two men accused in the death an ODU student was dropped in Norfolk General District Court Wednesday morning.
The charge was Nolle prossed, which means it was dropped by the Commonwealth but could be brought back later.
Christopher Chase Johnson was charged with assault, stemming back to the night ODU student Paul Johnson was killed.
The prosecutor told the judge that they would be looking to make a direct indictment against Christopher.
A spokeswoman for the Norfolk Commonwealth's Attorney Office tells NewsChannel 3 that prosecutors intend to seek a direct indictment against Christopher Johnson during a September grand jury.
Back in February, prosecutors say Christopher and Paul got into a fight outside of The Edge bar near ODU.
Witnesses say that's when the other man charged in this case, Christopher's friend, David Grimm, Jr., came up from behind Paul and punched him in the back of the head.
That blow to the back of the head is what prosecutors are trying to prove ultimately killed Paul.
Grimm is charged with murder. Last week he was in court, where witnesses testified Christopher was drunk and started the fight with Paul.
Christopher Johnson is the one who started the fight, according to prosecutors, that led to the death of ODU student Paul Johnson.
Neither Christopher nor Grimm are students at ODU; they were visiting friends the weekend Paul Johnson died.
Stay with NewsChannel 3 for updates.