Catoosa County prosecutors have dropped a murder charge against Dale Lee Higgenbottom, accused of killing an infant in 1992.

The charge was dismissed Tuesday in Catoosa County Superior Court by judge Brian House.

After years of motions, continuances, and denied appeals with the Georgia Supreme Court, prosecutors with the Lookout Mountain Judicial Circuit district attorney’s office filed a motion to dismiss the charges after concluding there was not enough evidence to prove Higgenbottom killed 15-day-old Christopher Dewayne Breazeale on Dec. 20, 1992, while at the Breazeale home. At the time, Higgenbottom was a 15-year-old friend of the family.

“Dale has maintained his innocence in this case from the very beginning, and we’re happy that the charges have finally been dismissed,” said Higgenbottom’s attorney, David Dunn. “We were fully prepared to try the case and were confident that we could confirm his innocence.”

Higgenbottom’s trial was slated to begin later this month. Had the case gone to trial, Higgenbottom would have faced charges of murder, child cruelty, and aggravated battery.

Prosecutors’ lack of “credible” evidence centered on a witness who initially told investigators in the case that Higgenbottom had confessed to the crime during a conversation the two had while in jail together. Evidence entered in the case leading up to the trial included a letter written to Higgenbottom’s family by the same witness stating that he could “clear” the charges against Higgenbottom if they were to agree to bail him out of jail.

Higgenbottom could not be reached for comment Wednesday morning.

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Background

After an autopsy was conducted following the incident, Dr. Floyd James of the Georgia Bureau of Investigation declared the death “accidental,” with chief medical examiner Kris Sperry signing off on the report.

The Ringgold Police Department, Catoosa County Sheriff’s Department, and the Department of Family and Chil-dren’s Services continued to investigate the incident, interviewing Higgenbottom twice before eventually dropping the investigation.

Dr. James died in 2004.

In 2007 the Catoosa County Sheriff’s Department reopened the case after a child welfare worker came forward with concerns about the infant’s death.

In June 2007, Sperry issued a revised opinion of the autopsy report, which concluded that that the child’s death should have been ruled a homicide.

On Aug. 30, 2007, Higgenbottom was arrested for murder. He was released on bond two weeks later.

In April 2009, a grand jury indicted Higgenbottom for murder, cruelty to children, and aggravated battery, with a trial set for September 2009.

Shortly thereafter, Higgenbottom requested a postponement of his trial and it was pushed back to March 2010.

In February 2010, Higgenbottom filed a motion to have the indictment dismissed on the grounds that he had not been provided the right to a speedy trial. The court denied the motion and Higgenbottom appealed to the Georgia Supreme Court.

In January 2011, the Georgia Supreme Court sent the case back due to insufficient findings regarding the lack of a speedy trial claim.

In June 2011, both councils presented oral arguments to the Georgia Supreme Court in the defense’s appeal to have the indictment dismissed.

On Nov. 29, 2011, the Georgia Supreme Court announced its denial of the June appeal.

On March 6, 2012 the Lookout Mountain Judicial Circuit District Attorney filed a motion to dismiss all charges in the case.

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