WACO (August 21, 2010)--Danny Ray Passmore, a former Waco area karate instructor who was arrested May 22 on a charge of aggravated sexual assault, was released Thursday from McLennan County Jail after the state failed to secure an indictment within the required 90 days.
Prosecutors told News 10 the state crime lab in Austin still has not completed their scientific investigation into the allegations and because the law requires an indictment within three months and that had not been accomplished, they had no choice but to release Passmore.
Assistant District Attorney Beth Toben said Passmore could no longer be held on the $250,000 bond he was assessed in late May.
Passmore has been represented by Waco attorney Stan Schweiger who was not available for comment on Passmore’s whereabouts or the new developments in the case.
According to the original arrest affidavit Passmore was charged with inappropriate sexual contact with one of his students, who was a minor at the time.
Passmore already had retired from teaching martial arts when the arrest happened.
Although he is no longer in custody, the Grand Jury still can hand down an indictment against Passmore when the crime lab investigation is completed and if that happens, he can be re-arrested.