SAGINAW, MI -- A judge has dismissed a felony case that a Saginaw Township man faced in connection with an accusation that he assaulted his father with a vacuum cleaner.

Jermaine L. Boose

After police were unable to serve a subpoena on Jermaine L. Boose's father, Saginaw County District Judge M. Randall Jurrens on Wednesday, June 24, dismissed prosecutors' case against him.

Jurrens dismissed the case without prejudice, which allows prosecutors to re-issue charges if they wish to do so.

"We're going to refer the case back to the police to see why the witnesses didn't show, and then we'll make a determination," said Saginaw County Chief Assistant Prosecutor Christopher Boyd.

Prosecutors earlier this month charged Boose, 21, with felonious assault in connection with a June 4 incident at his family's home at 2381 Rolling Green near Weiss and Center. His arrest warrant for the charge, also known as assault with a dangerous weapon, alleged he assaulted his father, 50-year-old Jerry Boose, with a vacuum cleaner.

Assistant Prosecutor Blair Stevenson on Wednesday told Jurrens that police twice attempted to serve Jerry Boose with a subpoena but were unable to get in contact with him. In dismissing the case, Jurrens denied Stevenson's motion to adjourn the hearing to allow prosecutors and police more time to serve the subpoena.

Boyd has said the Booses were arguing about the son violating his probation. The father told his son to leave the home, and as Jermaine Boose exited, he grabbed the vacuum cleaner that was near the door and hit his father with it, Boyd said.

Jermaine Boose told police he used the vacuum cleaner only after his dad stabbed him in the leg with a knife, Boyd said. Jerry Boose said he did so in self-defense after his son knocked him to the ground with the vacuum cleaner, Boyd said.

Jerry Boose's claim was corroborated by photos from the scene that showed someone had used a chair to try to beat down the door to a bedroom his father had entered, Boyd said. Prosecutors allege that person was Boose.

Felonious assault carries a maximum penalty of four years in prison. Boose also faced a misdemeanor count of domestic violence.

Boose had remained free since shortly after his June 8 arraignment, when Jurrens ordered him held on a $5,000 or 10 percent bond. He has lived with his aunt since the incident, he said.

-- Andy Hoag covers courts for MLive/The Saginaw News. Email him at ahoag@mlive.com or follow him on Twitter @awhoag