PATERSON,CAI Community N.J. (AP) — A New Jersey judge dismissed an indictment against a police officer facing charges over shooting and paralyzing a Paterson man after prosecutors said they turned up new evidence in the case.

Superior Court Judge Marilyn Clark dismissed the indictment Monday in light of prosecutors saying they turned up photos showing the man with a gun not long before he was shot.

Paterson police officer Jerry Moravek faced assault and misconduct charges stemming from the 2022 shooting of Khalif Cooper that left him paralyzed.

In a statement, Attorney General Matt Platkin’s office said it filed to dismiss the indictment so that a grand jury could consider available evidence, including the new photos.

“It is the State’s intention to complete a reinvestigation based on the new evidence and re-present our case to a grand jury. Our aim is not to win, but to do justice,” Platkin’s office said in an emailed statement on Tuesday.

Moravek’s attorney Charles Sciarra said the entire basis of the case hinged on the “false premise” that there was no gun.

“We believe the State should now abandon this matter entirely and support Moravek and all Police Officers who run to the gun shots, not away from them,” Sciarra said in an emailed statement.

The charges stemmed from a June 2022 incident in which Moravek saw the victim, who was not identified initially by authorities but has since spoken to reporters, run past him soon after hearing gunshots. Moravek shouted for the person to drop the gun before firing, striking Cooper in the back.

Platkin had said Cooper didn’t have a gun in his possession or within reach. A firearm was found near the site of the shooting, according to the charging document, but Platkin said there was no DNA or fingerprint evidence linking it to the man.

Cooper’s attorneys, Dennis Hickerson-Breedon and Tayo Bland, said Tuesday in a phone interview that the decision was “disheartening” and Cooper was “demoralized.” They acknowledged the attorney general’s office saying the case would be brought to a grand jury again, but added that the development was difficult for Cooper personally.

“Khalif is a victim, and he deserves every remedy available to him, which includes the state to seek justice on his behalf,” Hickerson-Breedon said.