Prosecutor say they cannot convict Jonathan Austin, 40, of Ocala, because the "victims' testimony is necessary to prosecution."

Unable to find the children involved or their mother, prosecutors have dropped a charge of child neglect against a 40-year-old Ocala man.

In court filings, prosecutors contended a conviction could not be obtained as the "victims' testimony is necessary to prosecution." Prosecutors left the door open to refiling the charge, noting that if the victims could be found within a certain time they would evaluate whether to file any criminal charges.

Late last month, Ocala police officers arrested Jonathan Austin on suspicion of leaving two children, ages 8 and 10, alone in what was described as a filthy home that had no air-conditioning unit and hardly anything to eat.

An officer reported finding dog feces on the bathroom floor and numerous flies buzzing in the residence, according to an arrest report. Authorities said the children were dirty and had been wearing the same clothing for the last several days.

A dog and two cats in the home were removed by county animal services officials, officers said.

The children were discovered alone in the residence by a Boys & Girls Clubs employee who was concerned about them. The children told the employee their mother was traveling to New York and that Austin was at work. The officer gave the children something to eat.

Officers contacted officials with the Department of Children and Families, who went to the home and took the children. When Austin arrived at the residence, he declined to speak to officers.