The U.S. Attorney for the District of Columbia has dropped aggravated assault charges against the five men who had been accused of fatally beating a man who threw a brick threw the window of the DC9 nightclub where they were working.

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Evan Preller, Reginald Phillips, Darryl Carter, Arthur Zaloga, and William Spieler had initially been arrested for second-degree murder in the death of 27-year-old Ali Ahmed Mohammed on Oct. 15. Those charges were later reduced to aggravated assault.

In a filing in D.C. Superior Court Friday, the U.S. Attorney said "there is an insufficient basis to sustain the charge of aggravated assault" at this time. The dismissal of charges allows prosecutors to re-file charges if new evidence comes to light.

A pre-trial hearing in the case had been set for Monday.

The D.C. medical examiner has yet to rule on what caused Mohammed's death. "The case is still pending and will likely be pending on Monday as well," wrote Beverly Fields, chief of staff of the Office of the Chief Medical Examiner in an email Friday afternoon.

In a statement, U.S. Attorney Ronald C. Machen, Jr. made plain that the investigation into Mohammed's death continues, and left wide-open the possibility that charges could be re-filed at a later date.  

“Our work is not done. The tragic death of Ali Ahmed Mohammed demands that we undertake a careful and comprehensive investigation to determine precisely how he died. Today’s action was taken after a detailed examination of the evidence gathered during the first three weeks of the investigation and a determination that we need more information before moving forward. Our investigation will be informed by pending forensic analyses and the ruling of the Office of the Chief Medical Examiner on the cause and manner of death, important factors in any death inquiry.

“The search for justice cannot be rushed, and we will continue to pursue an active and vigorous inquiry. This is a time of unbearable grief for Mr. Mohammed’s family and friends. We thank them for their patience and understanding as we continue our work.”

Mohammed's family, in a statement released by their attorney, Billy Martin, continued its call for justice. "The family is heartbroken and continues to grieve over the loss of Ali. The family and community are saddened by this dismissal because justice for Ali will be delayed. The dismissal of these charges does not terminate the investigation into Ali's killing. The family remains confident that a full and complete investigation will reveal that prior to being chased and assaulted by some or all of these individuals, Ali was alive and healthy. The family understands that the Medical Examiner needs additional time to investigate both the manner and cause of Ali's death. The family also deserves to know the truth about how Ali died. We have been assured by the Metropolitan Police Department and the United States Attorney's office that they will continue their investigation of this senseless homicide. More importantly, the family continues to grieve over the loss of Ali and prays for and demands justice. The family will have no peace until those responsible for Ali's death are brought to justice."

DC9 has been closed since Oct. 15. D.C. Police first ordered it temporarily shuttered for 96 hours following the incident, and later the Alcoholic Beverage Control Board suspended the bar's liquor license. On Nov. 1, that suspension was extended for at least another 30 days. 

Preller, Et Al - Notice of Dismissal