A federal judge in Austin has dismissed charges against Paul Kruse, the former President of Blue Bell Creameries who had been accused of hiding what the company knew about the listeria-contaminated ice cream that closed the company down for weeks in 2015.
The judge dismissed the case after the Justice Department acknowledged he did not waive his right to indicted by a grand jury.
Because of the Coronavirus outbreak, prosecutors did not seek a grand jury proceeding.
Prosecutors and Kruse's lawyers are now squabbling over whether the charges can be reinstated.
In May, Blue Bell agreed to pay more than $19 million while pleading guilty to charges that it had shipped contaminated ice cream.