The Story County Attorney’s Office in Nevada, Iowa, will not appeal an Iowa judge’s dismissal of the case against NIU men’s basketball player John Culbertson.

Culbertson’s active warrant and terrorism charge were removed Jan. 26 when Judge Steven Van Marel ruled the state of Iowa did not file trial information within the three-year statute of limitations.

Story County First Assistant Doug Marek said his office decided against appealing because the facts of the case were not an issue in the judge’s decision. He also cited Culbertson’s “clean” record since the incident for which he was charged.