A judge dismissed a first-degree murder charge against Jerry Chad Pippin, whose trial was to start Monday.

Muskogee County District Attorney Larry Moore filed a motion Wednesday saying based on the evidence prosecutors prepared to present to a jury, Pippin’s alibi “is more likely than not to raise a question of reasonable doubt to the jury.”

Pippin, 35, earlier waived a preliminary hearing on the charge against him in the December 2004 beating death of Greg Clark of Boynton.

“It would be irresponsible if not unethical to proceed to trial at this time,” the filing states.

Moore asked that the charge be dismissed without prejudice, meaning it could be reinstated at a later time.

Pippin’s attorney, Donn Baker of Tahlequah, amended notice of witnesses to include a Tulsa County defense attorney who would testify she met with Pippin in Tulsa County District Court around 8:15 to 8:30 on the day Clark was killed.

The prosecution’s evidence put the time of Clark’s death near 6 a.m., Baker said.

Another witness — Tulsa County Judge Sarah Smith, would testify Pippin was present for an initial appearance in Drug Court at 9 a.m., with his attorney, and the Tulsa County Court Clerk would introduce minutes of the Tulsa case showing Pippin was in court at that time.

A Wainwright woman Pippin allegedly spent the night with was listed as a possible witness, saying Pippin left her house with her and drove straight to the Tulsa County Courthouse. Her son, who was present at the time, was to corroborate that statement.

The prosecutor in Tulsa also could be called on to verify when Pippin was in court, Baker said Wednesday.

“Whoever did this killing, which was a knock-down, drag-out — that person would have had cuts and scratches all over him,” Baker said. “You couldn’t do all that and get cleaned up and get to court in Tulsa.”

Baker said he was pleased Moore’s office was doing “the right thing” in filing the dismissal. “My experience is some other prosecutors might go forward and leave it to the jury.”

It takes 30 minutes from the time you get to the Tulsa County Courthouse to get parked and get through the security system, Baker said.

Clinton Riley Potts, 34, of Council Hill, another first-degree murder defendant in Clark’s death, was bound over in August to stand trial. In June, a trial date will be set.