The municipal judge in Franklin County granted Cpl. Paul Wells’ motion to dismiss on the day of the trial this week after learning that 36 pages of investigative materials hadn’t yet been shared with his attorney as required.

Prosecutors argued the trial should have been delayed instead. Columbus’ chief prosecutor says she is trying to determine if the judge’s decision can be appealed.

The 40-year-old Wells was accused of punching a 24-year-old inmate in the face at the downtown jail last March after the inmate reportedly spit on him.