CIRCLEVILLE, Ohio (AP) — A prosecutor in Ohio wants a judge to dismiss charges, at least for now, against a Black truck driver who was bitten by a police dog while he was surrendering along a highway last month.

“There is insufficient evidence to prove, beyond a reasonable doubt,” that Jadarrius Rose’s operation of his truck caused a substantial risk of serious physical harm to people or property, attorney Jeffrey C. Marks told Judge Michael Ater Thursday.

Marks emphasized “substantial” and told the judge he may want to refile some of the charges later. An aide to Rose’s lawyer, Benjamin J. Partee, said he declined comment on Monday.

During Rose’s arrest on July 4 near Circleville, recorded by police body cameras, Circleville Police Officer Ryan Speakman let the dog maul Rose while he was on his knees with his hands in the air, as state troopers shouted for Speakman to restrain the animal. Rose, 23, of Memphis, Tennessee, required hospital treatment.

Marks wrote in the motion that after reviewing the footage and police reports, he believes it was a mistake to charge Rose with fleeing after committing a felony. “There appears to be no evidence that the Defendant, on July 4, 2023, was fleeing immediately after the commission of a felony,” Marks wrote.

He wants the judge to dismiss the case while the Chillicothe Law Director’s Office reviews results of the investigation to determine if misdemeanor charges are applicable, and wants the judge to let prosecutors restart the case if warranted. The request remains pending before Ater.

Messages were left Monday seeking further comment from Marks.

A police report said the chase on Ohio Route 35 began because Rose’s truck appeared to be missing a mudflap and he did not stop for an inspection.

Police have alleged that Rose initially refused to get out of the truck and later defied instructions to get on the ground.

While the dog was on Rose, a trooper yelled: “Get the dog off of him!” Rose, in visible pain, said “Get it off! Please! Please!” before the attack ended.

Audio recordings indicate Ross told a 911 dispatcher that the officers pursuing him were “trying to kill” him and he did not feel safe pulling over. He also said he was confused about why the officers were trying to stop him and why they had guns drawn after he briefly stopped the truck before driving away.

The dispatcher told Rose to stop and to comply with police, and that officers were not trying to harm him.

Speakman was placed on leave and then fired from the Circleville force after the agency claimed he “did not meet the standards and expectations we hold for our police officers.” Speakman’s union, the Ohio Patrolman’s Benevolent Association, filed a grievance arguing he was fired without sufficient grounds.