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COLONIAL HEIGHTS, Va. (AP) — Charges have been withdrawn against a police officer in Virginia who was accused of transmitting sexually explicit videos from an arrestee’s phone to the officer’s personal phone.

The Richmond Times-Dispatch reports that the misdemeanor embezzlement and obstructing execution of legal process charges levied against Bryan G. Drake were withdrawn Tuesday as the case’s special prosecutor and an unidentified key witness were not available for trial.

The charges can still be reinstated, as they were not dismissed.

The 31-year-old resigned from the Colonial Heights police force last June after he was accused of transferring the videos from the confiscated phone of a man arrested on drug charges.

Defense attorney Peter Eliades says Drake acknowledged a lapse of judgment, but deleted the videos hours later and didn’t share them.

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Information from: Richmond Times-Dispatch, http://www.richmond.com