Joseph Kyle Moran, 25, of Richmond, was arrested on March 16 and charged with two counts of murder in connection with the death of 18-month-old Christopher Joy Jr.

Prosecutor Thomas Straus said his office had to drop the murder charge against Moran because Moran's right to a speedy trial was in jeopardy.

Straus said his office doesn't have all the evidence it needs to move forward with the trial and it likely won't have it until at least mid-June.

But, by mid-June, the 90 days prosecutors have to present a trial would be up. So, to avoid the speedy trial timeframe from expiring, Straus said he had to file a motion stating "dismissal of this case is necessary pending the completion of the autopsy report and laboratory analysis of evidence."

The dismissal means the countdown for a speedy trial stops. So, if Straus were to recharge Moran once results come in, prosecutors would have about 30 days to go to trial.

"We have evaluated this thing thoroughly and find that this is our only option to be fair, not only to the defendant but the state of Ohio," Straus said.

Moran was released from the Jefferson County Jail on Tuesday.

The baby died in March at his Richmond home of blunt force trauma. Moran was dating the baby's mother and was alone with the baby when he suffered fatal injuries, police said. When emergency crews arrived at the home, they said the baby was dead, his body covered in bruises.

The autopsy and lab results are coming from Cuyahoga County. Once those are in, Straus said investigators will reassess the case and determine is Moran will be recharged.

Straus said, at this time, prosecutors do intend to recharge Moran, but if the evidence they need doesn't come through, Moran could remain free.

Stay with NEWS9 and WTOV9.com for continuing coverage.

Previous Stories: March 26, 2009: Suspect's Family Criticizes Sheriff's Investigation Into Baby's Death March 26, 2009: Grandmother Of Slain Richmond Baby Dies March 19, 2009: Funeral Arrangements Made For Slain Jefferson County Baby March 19, 2009: Man Charged With Killing Baby Held On $2 Million Bond March 18, 2009: Chilling 911 Tape Reveals Grandmother's Desperate Pleas To Save Baby March 18, 2009: Police Release 911 Tapes In Baby's Death; Man Charged With Murder March 18, 2009: Baby's Death Ruled Homicide; Family Holds Memorial March 17, 2009: Autopsy Results Pending For Jefferson County Baby March 16, 2009: Sheriff: Baby's Death 'Heartbreaking'; Caretaker Still Detained March 16, 2009: Police Detain Man In Connection With Baby's Death