In a case featuring murder, privacy concerns and First Amendment arguments, an Arkansas judge dismissed charges last week against a man accused of murdering a co-worker after a night out in what has come to be known as the “Amazon Echo case.” Last Wednesday, Benton County Prosecuting Attorney Nathan Smith requested a nolle prosequi, voluntarily discontinuing criminal charges—much to the dismay of the Bentonville Police.

In November 2015, four work friends gathered at James Bates’ house for a night of drinking. The next morning, the body of Victor Collins was found floating face-up in the bloodstained water of Bates’ hot tub. Physical evidence indicated a homicide, and police didn’t take too long to charge Bates with first-degree murder and tampering with physical evidence.

Then, the Bentonville Police turned their attention toward an interesting “witness”—Bates’ Amazon Echo device, which police believed may have recorded some evidence as to how the unexplained death went down. At first, Amazon refused to hand over the data on the Echo, filing a motion to dismiss the warrant requesting the recordings due to the First Amendment. However, after defense attorneys consented, Amazon turned over the information.

It may have been a moot argument though, as Smith told Arkansas Online last week that they “did not find any evidence from the Echo device.”

Whether that means the Amazon Echo device was not recording during the suspected murder, or there were recordings but none considered adequate evidence, remains unclear. And it will remain unclear as Gene Page, spokesperson for the Bentonville Police Department, told Forensic Magazine the case will stay open.

Page said the Bentonville Police Department is “clearly not in agreement with the decision,” and will request the evidence be presented to a jury.

The police department has one year to receive a second review, allowing prosecutors to re-file the case at that time if they choose to do so.