SANDPOINT, Idaho -- A north Idaho judge has agreed to drop felony assault charges against a man accused of making another man dance the moonwalk at gunpoint.

The charge against 30-year-old John Ernest Cross of Clark Fork was dismissed Wednesday after the victim told prosecutors he didn't want to testify in the case.

The Bonner County Daily Bee reports that District Judge Justin Julian dismissed the charge without prejudice, meaning the case can be refiled if additional evidence emerges.

Cross was charged after allegedly pointing the weapon at the man last month and ordering him to dance the moonwalk, a move popularized by Michael Jackson in the 1980s. Prosecutors claimed Cross threatened the man with a semiautomatic rifle, but Cross argued in court it was only a pellet gun.

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