Timothy Busfield Indictment Dismissed in New Mexico Over Prosecutorial Misconduct

The case against actor and director Timothy Busfield concerned allegations involving two minor boys on a New Mexico production set, according to Deadline Hollywood. Variety Movies reported that Busfield was indicted in February.

The supplied reports describe the charges differently. ABC Top Stories says the dismissed indictment contained four counts of sexual contact of a minor. Deadline Hollywood describes the earlier charges as two counts of criminal sexual contact with a minor and child abuse. The available coverage does not explain that difference.

On October 16, a New Mexico judge threw out the indictment after finding that prosecutors had failed to act impartially during grand jury proceedings, Variety Movies reported.

Second Judicial District Court Judge Joseph Montano said prosecutors had improperly withheld witnesses, according to Daily Mail. The Hollywood Reporter reported that the judge found prosecutors had failed to act "in a fair and impartial manner" before the grand jury.

The ruling dismissed the indictment but left prosecutors able to bring charges again, according to TMZ. The reported basis for dismissal was prosecutorial misconduct, not a determination of whether the underlying allegations were true.

Busfield is no longer under indictment for criminal sexual contact with a child, Consequence of Sound reported, citing the Associated Press.

The district attorney's office is "evaluating our options," according to Deadline Hollywood. The supplied coverage does not report a decision to refile charges.

The next development is whether prosecutors pursue a new indictment. The Hollywood Reporter says refiling remains possible, while Deadline Hollywood reports that the district attorney's office is still considering its response.