BLOOMINGTON -- Murder charges were dismissed Tuesday against a Bloomington man charged in the stabbing death of a local Outlaws motorcycle club member.
Joshua McGuire, 22, has been in jail since his arrest Nov. 20, 2008, on charges that said he killed Joshua Embry, 26, during a dispute Nov. 15 in the 500 block of North Center Street, Bloomington.
McLean County State's Attorney Bill Yoder said in a statement that charges were filed based on witness accounts and identifications but "additional information has developed during the ongoing investigation that warranted dismissal of the murder charges against McGuire at this time."
The investigation into Embry's death remains open, said Yoder, and new arrests could be made if sufficient evidence is developed.
The victim was a member of the McLean County chapter of the Outlaws motorcycle club.
The initial fight involved more than 30 people and the list of potential state witnesses in the now-cancelled trial contained about 100 names.
Sad month
Embry's father, Robert "Scrappy" Embry, said he and other family members were summoned to a meeting with prosecutors Tuesday to discuss the case. The father said news of the dismissal came a day before a birthday celebration planned to mark what would have been Embry's 27th birthday.
McGuire's trial was set for Nov. 16, the one-year anniversary of Embry's death.
"This news saddens this entire family. The whole family has been torn apart and now we're being ripped apart again," said the victim's father.
The birthday memorial will take on a different tone, he said.
"We planned a cookout in celebration of Joshua. Now it's turned into misery again," he said.
Other suspects
Scrappy Embry said information he has developed since his son's death points to suspects who may have been involved with the stabbing. In a recent interview with The Pantagraph, family members said they did not believe McGuire was responsible for the fatal stab wound to Embry's chest.
"I knew they would never make the charges stick on McGuire. I knew he wasn't the one behind it," said Scrappy Embry.
Fears that retaliation may take place for McGuire's release were not discounted by Embry, who said some people may be upset that the charges were dropped.
Staff at the McLean County jail said McGuire was released Tuesday night.