ALBUQUERQUE (KRQE)  An Albuquerque man accused of throwing fireworks at a homeless man is off the hook.

All charges against 31-year-old Joshua Benavidez have been dismissed.

Benavidez’s 10-year-old son told police it was his dad who threw fireworks at a homeless man sleeping on the sidewalk near Highland High School last July.

Benavidez was initially charged with a long list of crimes including aggravated assault, child abuse and contributing to the delinquency of a minor.

A few months ago, the district attorney’s office told KRQE News 13 they threw out Benavidez’s child abuse charges and the charges for contributing to the delinquency of a minor. They said they couldn’t prove the children’s lives were endangered or in risk of serious harm.

The DA’s office has now dismissed the rest of his charges. They said his case was dismissed because they couldn’t interview essential witnesses by a specific date.

Benavidez’s wife, 31-year-old Irene Enriquez was also charged in the drive-by attack. The DA’s office said they couldn’t continue her case a few months ago because they had no proof she threw any of the fireworks or knew her husband was going to throw them.

The state could still re-file their case against Benavidez.