EVANSVILLE, Ind. — The charges against an Evansville man accused of sexually assaulting a child at his wife's daycare have been dismissed, the man's attorney said.

The case against Gregory Michael Johnston, 38, was dismissed without prejudice, meaning the case could be filed again, Johnston's attorney Glenn Grampp said.

The mother of the reported victim, Kelly Jo Marshall, has spoken out emotionally on social media saying she's angry and wants justice for her child.

Johnston was charged in February with six counts of child molesting as a Level 1 felony and one count of dissemination of matter harmful to minors, a level 6 felony. He posted $15,000 cash bond the same day he was arrested, according to court records. Grampp said his bond and Johnston's obligations to home detention have all been released.

In a motion to dismiss, deputy prosecutor Emily Hall writes that the "state has been informed that the victim is unavailable to testify and does not know when the victim will be available to testify."

In a statement to media, Prosecutor spokeswoman Jess Powers said the decision to delay prosecution was made "upon recommendation of the therapists and community partners involved in this case."

"The State of Indiana was forced to dismiss the case without prejudice in hopes of re-filing charges in the future," the statement read. "The ultimate goal of our office is to hold any criminal wrong-doer to justice, however the health and well-being of our victim is of the utmost important and must take priority."

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The case gained national attention after Tammy Rivera, the wife of rapper Waka Flocka, posted about it on Instagram on Tuesday morning. Rivera encouraged her 6.7 million followers to call the city and the prosecutor's office demanding the case not be dismissed.

"WE NEED ANSWERS NOW! #REPOST!!!" she wrote in a post that had nearly 52,500 likes as of 6 p.m. Tuesday.

'I wouldn't wish this on my worst enemy'

Rivera also posted a video to both Instagram and Facebook by Kelly Jo Marshall, who said it is her son who was reportedly sexually abused by Johnston at the daycare center his wife operated. The daycare, Lil' Piggies Child Care, closed voluntarily the day after the arrest and remains shuttered.

In the video posted Friday night, Marshall said she doesn't normally "put my business out there. But after the phone call I got today ... I just don't understand ... Maybe it's not for me to understand. But what I do know? As a mother, I'm going through every parent's worst nightmare."

She said she received the call from the prosecutor's office Friday saying they were putting in a motion to dismiss the charges against Johnston.

"I wouldn't wish this on my worst enemy," Marshall said in the video. "The system is really messed up. This man molested my child, a man I called 'bruh.' ... This man was a pallbearer at my mom's funeral. This whole time this man was messing with my son, messing with him. And for that prosecutor to call me today to tell me they are putting in a motion for dismissal. That was a smack in the face because you know what I've done, I've done everything they've asked me to do."

During much of the video, Marshall is shouting and crying emotionally.

"He gets to be out around other people's kids?" she asked. "How the f*** is that even right? I'm supposed to sit here and trust the motherf****** system. Really? Nah, I'm not trusting nobody else."

Child said abuse happened at Lil Piggies Child Care

The child told an interviewer at Holly's House that the abuse happened at the daycare at Johnston's home on the East Side. The child who accused Johnston of abuse also told investigators Johnston made threats and showed the child pornographic videos on his phone, police say. The probable cause affidavit in the case was graphic.

In an interview with the Courier & Press Tuesday, Grampp said Johnston has maintained his innocence from the beginning and his family has stood behind him 100 percent.

"Some of the allegations frankly didn't make sense," Grampp said, pointing to accusations made in the probable cause affidavit. "They just weren't accurate. There was going to come a time when the rough had to meet the road, when we have to take depositions and other evidence comes up. There were a lot of inaccuracies."

He said they'd had difficulty with discovery and getting depositions taken in the case.

In her video posted to social media, Marshall said she'd done everything that was asked of her throughout the entire process.

She expressed anger at Johnston, telling him he would "reap what you sow because you have completely robbed my son from everything, everything. My son is not the same little boy. He'll never be the same little boy ever because of you. And you out here walking."

Marshall said she's not done working toward justice.

"I'm going to fight this to the death of me," she said in the video. "I mean that with every breath of my body.

"I'm mad. I've been mad all day. I'm sick of it. At the end of the day, my child has to live with this, and we have to live with this."

Gregory Johnston attorney says 'facts were never as they were alleged'

Grampp said he'd heard about the social media video.

"That case was never what it was played up to be," he said. "It never was. The facts were never as they were alleged to have been in the (probable cause affidavit). These types of allegations are horrendous. But if you don't do something, if you didn't commit the crime, that stain is left on your character for a long, long time. If the mother is out there playing that tune on social media, I can't prevent her from doing that."

Grampp said he's pleased with the decision and knows it isn't one prosecutor's office came to lightly.

"I'm very happy for the resolution," he said. "I'm happy for my client and his family. It is good we don't have to go through that trial, although I'm confident we would have won. He has his life and future and all his family and friends ahead of him.

A message to Marshall went unreturned.

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