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The first degree attempted intentional homicide charge against a Racine man was dismissed Thursday because the victim in the case cannot be found.

Edward Cade was charged in July 2014 after allegedly stabbing his uncle in the back 17 times with a screwdriver.

According to his criminal complaint, Cade and his uncle July 1, 2014 were playing cards when they got into an argument. At first, the man wouldn’t speak to police, but eventually he told them that Cade stabbed him in the back with a screwdriver and punctured his right lung.

But when it came time to testify in the case against Cade, the uncle has pretty much disappeared.

So, Cade, 30, walked out of Racine County Circuit Court Thursday a free man after Judge Michael Piontek agreed to dismiss the charge without prejudice, a story in The Journal Times reads.

Because the charge was dismissed without prejudice and there isn’t a statute of limitations attached, the state can refile charges.

Assistant District Attorney Jennifer Tanck-Adams said a material witness warrant has been issued for the uncle and remains in effect, the story continues. This kind of warrant is basically a way for the court to compel a witness to testify.