Charges against an Idaho Falls man who reportedly choked and threatened to kill a woman were dismissed after the victim failed to appear at his preliminary hearing.

Bonneville County Chief Deputy Prosecutor John Dewey said a judge ruled on April 17 that the state did not have sufficient evidence to prosecute Zacery Farley, 24. The Bonneville County Prosecutor’s Office had sent two subpoenas to the victim for the hearing, both of which she did not respond to.

“We went forward, and the court dismissed it because the court didn’t believe we had enough evidence,” Dewey said.

Farley was arrested in March after the victim was taken to Eastern Idaho Regional Medical Center.

According to the probable cause affidavit, Farley hit the victim in the throat with his elbow after she chastised him for running a red light with her children in the car.

The victim reportedly told Farley she did not want to tolerate his abuse. She said he then started whipping her with his belt. When the victim tried to leave, Farley reportedly grabbed her in a chokehold.

The affidavit states Farley threatened to punch the victim, threatened to take her children, and threatened to kill her if she left.

The victim was interviewed at the hospital, where the officer observed the victim was limping and had a large bruise on her leg. The officer also saw burn marks on the victim said were caused by Farley in a separate incident.