One of three cases against a 24-year-old Lawrence man shot by police in June after allegedly leveling a shotgun at an officer was dismissed Tuesday after witnesses to the case failed to show for the man’s preliminary hearing for the third time.

Zachary James Ortiz

Zachary James Ortiz, 24, was set to have a preliminary hearing Tuesday to determine whether he should be bound over on a charge of aggravated battery. The charge stems from his Oct. 21 arrest following an alleged disturbance with weapons involving an ex-girlfriend, according to the arrest affidavit. The victim told police that Ortiz had strangled her and held a knife to her face, the affidavit said.

The victim and a witness have been uncooperative with prosecutors, failing to come testify against Ortiz at previously scheduled preliminary hearings in January and February. On Tuesday, Chief Assistant District Attorney David Melton said again that he was not prepared to hold the preliminary hearing because he has been unable to contact the victim and witness.

After the third no-show, Melton requested the case be dismissed without prejudice, meaning the charge could be filed again. District Judge Peggy Kittel granted the request.

Ortiz remains charged with various offenses in two other cases, including aggravated assault of an officer, aggravated battery and DUI, eluding police, criminal threat, interference with law enforcement duties and battery of a law enforcement officer.

Those charges stem from two instances, one after the June confrontation with police in his home and the other in November, when he allegedly fled and resisted arrest after an officer attempted to pull him over for a DUI.

Ortiz is scheduled to appear in court on May 19 for a preliminary hearing on the alleged DUI incident and for arraignment on the June police confrontation case.

Ortiz is free from jail after posting $130,000 in bond in the three cases.