An attempted murder charge against a DeKalb man was dismissed at a preliminary hearing Thursday in DeKalb County Court after a judge ruled there was no probable cause in the case.

Augustin Fajardo, 31, was arrested after allegedly shooting his mother, Emilia Fajardo, 55, on Christmas Day. She was shot once in the abdomen with a 9mm handgun. DeKalb Police arrested Fajardo in the early morning hours of Dec. 26 at the house he shared with his parents at 607 Karen Ave.

DeKalb County Associate Circuit Court Judge Richard Larson ruled that there was no probable cause for the attempted murder charge because there was insufficient evidence brought into court on the identification of the defendant.

DeKalb Police Officer Tracy Smith testified that he interviewed the victim, Emilia Fajardo, at Kishwaukee Community Hospital after the incident at 11:15 p.m. She told him that her son shot her, and she gave the police her son’s name, Smith said. Smith then said that he spoke to DeKalb Police Detective Jim Kayes at the DeKalb Police Department over the phone from the hospital at 10:30 p.m. Police arrested Augustin Fajardo at 9:35 p.m.

Smith said Emilia Fajardo told him that she had been out of the house, and when she returned at 9:15 p.m., she entered the house from a door in the garage leading into the house. When she entered the house, she saw Fajardo sitting at the dining room table with a handgun, and without a word he took a shot at her, Smith said.

In court Thursday, Smith could not positively identify Fajardo. In addition, Emilia Fajardo was not in court to identify her son, and the report did not state whether or not the lights were on in the house when she walked in.

Defense attorney Francis Mays said, “(Smith) didn’t get an identification, that’s the question that was asked, and all he got was Detective Kayes telling him that the son’s name was Augustin Fajardo, and that was it.”

Kayes, who handled the case before the hearing, said according to the police report, Mrs. Fajardo did not hesitate when she identified her son as the person who shot her. Kayes also said that according to the report, police found Fajardo in the house after they were called, and they found the handgun under a love seat cushion in the house. When police discussed the case with State’s Attorney Phil DiMarzio, he thought the charge brought against Fajardo was appropriate, Kayes said.

DiMarzio said there was a possibility of a new case involving lesser charges being brought against Fajardo. DiMarzio said he was evaluating the case with the Fajardo family.