CHARLOTTESVILLE (CVILLE RIGHT NOW) — The prosecution in the sexual extortion case against former NBC29 weatherman Josh Fitzpatrick was granted a nolle prosequi Thursday in Albemarle County District Court, after arguing the sensitivity of the case, its complexity and an increased confidence that additional charges could be filed, warranted the ruling.

The motion, which defense attorney Jessica Phillips objected to, means Fitzpatrick, who was out on bond after being charged with sexual extortion, a felony, and three misdemeanors, is no longer under any charges and is a free man.

The four charges appear to relate to four separate incidents. The sexual extortion offense date is listed as Feb. 28. One charge of disseminating images of another is from Oct. 15, 2024. A second charge of the same kind is from Nov. 11, 2024.  The charge of filming a nude person without consent is from Sept. 24, 2022.

The prosecution has indicated it is likely to pursue a direct indictment on similar charges in Circuit Court. The next available dates for them to do so are Oct. 6 and Dec. 8.

Fitzpatrick was arrested on May 1. He left his position at NBC29 in early March.

The motion was granted on what was supposed to be Fitzpatrick’s preliminary hearing, his first appearance in court since he was released on bond in June.

The prosecution argued that the sensitivity and complexity of the case warranted the motion, as the crime had a significant emotional impact on Fitzpatrick’s accusers, and a full forensic analysis on the technological evidence had yet to be completed.

Prosecutor William Lawton Tufts also told the court that there was an increased confidence that the charges levied by Fitzpatrick’s accusers, which he previously believed could only be charged as misdemeanors due to various statutes, could be added to the case as additional felony charges.

Tufts said police recovered footage showing additional faces who could turn out to be additional victims or witnesses, potentially leading to more charges.

The decision came after a long back-and-forth between the prosecution, defense and judge. Fitzpatrick’s defense attorney, Jessica Phillips, was adamantly opposed to the motion, saying, “We’re prepared to have a preliminary hearing today,” and arguing that the prosecution’s reasoning did not constitute cause to grant the motion.

Tufts countered, arguing that “The bar is fairly low,” for nolle prosequi and there’s ample reasoning in this case.