District Attorney Jack Daneri says a murder charge will be refiled soon in the case against 51-year old Jeffrey Selby.
Selby was charged with murder in the death of Mary Smith, his on-again off-again girlfriend of three months.
But District Judge Tom Carney dropped that charge following a preliminary hearing when County Coroner Lyell Cook testified that he ruled the death as "undetermined" but added that natural causes were ruled out.
The District Attorney says that fact alone is not enough to warrant the dropping of the murder charge. Other charges, included aggravated assault were bound over.
A neighbor also testified that it was common for the couple to argue and often "thumps" or other loud noises could be heard in the West 17th Street apartment.
Smith died three days after the domestic incident in November after doctors declared her brain dead.
A forensic pathologist ruled that she died from a lack of oxygen to the brain.
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