By Associated Press - Thursday, December 13, 2018

SPOKANE, Wash. (AP) - A Washington man, who while in jail joked on tape about whether his baseball-bat beating caused his victim to become “retarded,” had his conviction for attempted first-degree murder vacated.

The Spokesman-Review reports Division III Court of Appeals judges ruled Tuesday that Spokane County prosecutors erred by omitting the word “premeditation” in charging documents.

They dismissed “without prejudice” the attempted first-degree murder charge against John Mellgren, who was convicted last year of beating former Eastern Washington University student Robert “Drew” Schreiber on Oct. 8, 2016, in Cheney.

The ruling means prosecutors can refile the attempted murder charge if they wish. Spokane County Prosecutor Larry Haskell did not immediately return a call seeking comment about how he intends to proceed.

Mellgren’s attorney, Kevin Griffin, was in a trial Tuesday and could not immediately be reached for comment.

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Information from: The Spokesman-Review, http://www.spokesman.com

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