A Douglas County judge agreed to dismiss a robbery case Tuesday against a Kansas City, Mo., man after jurors in February were unable to reach a verdict in the case.

But District Judge Sally Pokorny did rule prosecutors could refile charges later and decided against a request from Matthew Thomas Garren’s defense attorney to dismiss the case with prejudice.

Prosecutors asked Pokorny to dismiss the case without prejudice because of concerns witnesses would be available and willing to testify at the next trial.

Prosecutors had accused Garren, 30, of pointing a gun at the back of a 20-year-old Lawrence man’s head the night of Jan. 19, 2010, during a robbery in a van near 15th Street and Haskell Avenue. He had faced charges of aggravated robbery and conspiracy to commit aggravated robbery.

Pokorny declared a mistrial in February after the jury deadlocked.

Ronald Broschart, 23, already has entered a plea in the case and was sentenced to serve 44 months in prison.

Garren testified at his trial that Broschart threatened him with a gun to come with him during the robbery and denied he had pointed a gun at the man.

“My client has maintained from the beginning that he was innocent,” defense attorney Napoleon Crews said.

Crews said it was also noteworthy that prosecutors have dismissed the case once before the first trial and refiled it last year.