Emperor Tamarin. Photo courtesy of the Dallas Zoo.

Dallas County prosecutors have dropped charges against a man facing six misdemeanor counts of animal cruelty after an investigation ruled him incompetent to stand trial, the Dallas Morning News reported Friday.

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Davion Irvin, 25, was accused of stealing two emperor tamarin monkeys from the Dallas Zoo and vandalizing the enclosure of a clouded leopard “with the intention” of stealing it in early 2023.

At the time of his arrest, Irvin was found incompetent to stand trial and was sent to a state hospital, the Morning News reports. An investigation has found Irvin remains incompetent.

The Dallas County District Attorney’s Office filed to dismiss the case Monday, stating that it is “in the interest of justice” as Irvin has already served more time in the county jail than the maximum time for his misdemeanor charges.

Only Irvin’s misdemeanor charges have been dismissed. In March 2023, Irvin was indicted on two felony counts of burglary which he still faces.

Jail records show Irvin remains in custody on a $130,000 bond. According to court records, if Irvin makes bail he will be required to wear an ankle monitor to ensure he does not approach “any building and/or company engaged in the display or sale of animals” including the zoo, aquarium and pet stores.