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A homicide charge has been dismissed against a Tooele man accused of causing the August death of another man during an fight in which the victim suffered an asthma attack.

Monty Shane Degelbeck, 53, was charged with second-degree felony manslaughter in the Aug. 1 death of 28-year-old Christopher Warr.

But on Tuesday, 3rd District Judge Robert Adkins dismissed the case based on a motion from prosecutors.

The dismissal came about a month after the judge granted a defense motion requesting access to the victim's medical records.

Defense attorney Lindsay Jarvis noted in her September motion that, on the day of Warr's death, the medical examiner did not observe any trauma to Warr's throat and neck, and determined Warr died as a result of "severe asthma."

The absence of neck trauma belies a witness account that Degelbeck had held Warr down with one hand on the victim's throat, according Jarvis' motion.

Jarvis told The Tribune on Wednesday, "There is no evidence to support that my guy did anything."

Furthermore, the witness who accused Degelbeck of choking Warr has disappeared, Jarvis said.

Deputy Tooele County Attorney Gary Searle said Thursday, however, that a final autopsy report is still pending, and that he has the option of refiling the case if the medical examiner finds Warr's asthma was brought on by Degelbeck's actions.

"We know he died from asthma," Searle said. "But we don't know what brought it on."

Searle said he moved to dismiss the case because the defense had requested a preliminary hearing and the prosecution was not prepared to go forward without the final autopsy results.

Jarvis clarified that despite earlier characterizations that Degelbeck and Warr were roommates, Warr did not live in the home. However, she said that Warr and Degelbeck had a "father-and-son relationship" and that Warr came and went at Degelbeck's home.

On the day of the fight, Degelbeck, who had been sleeping in his bedroom, awoke to find Warr had made some sort of mess in the house. That sparked a fight, which Jarvis described as a brief "pushing contest," and that that ended when Warr's asthma acted up.

According to charging documents, Degelbeck told Tooele police that at about 9:30 p.m. on Aug. 1, "he and the victim got into an argument over a mess made in the house" at 70 N. Broadway, in Tooele.

When the victim allegedly lunged at Degelbeck, he in turn grabbed Warr by the shirt and "held the victim on the ground" until Warr complained he could not breathe.

"The suspect stated he let the victim go [and] the victim got to his feet, but continued to struggle breathing," according to charges.

Degelbeck said that Warr sat in a chair and used an inhaler, but then lost consciousness.

Charges also state that a female witness who was at the home during the fight, told police that Degelbeck had "pushed the victim to the ground and held him down with one hand on [his] throat.

"The victim started turning purple and appeared as though he could not breathe," the woman told police, saying she then separated the two men and tried, to no avail, to help Warr "with his asthma treatment."

Warr died a short time later at a hospital.

Jarvis said Warr's medical records show that he had been "struggling" with asthma-related issues.