A motion has been filed to dismiss the case involving a Mississippi man who is accused of killing his 14-month-old daughter.

According to court documents, 22nd Circuit Court Assistant District Attorney Patrick E. Beasley asked Friday to dismiss charges against Morris Bevily IV without prejudice, WDAM-TV reported.

Bevily was indicted for capital murder in 2019 for the death of his daughter, Jurayah Smith. He has pleaded not guilty in the case. His wife, T’Kia Bevily, was also charged with capital murder but a jury this month found her not guilty of the charge.

In the motion, Beasley said the state contends there is not enough evidence to prosecute Bevily.

The proposed dismissal will be brought to a Claiborne County judge for a decision. There’s no word on when that will issued.