A criminal charge against Barry Beach in a Billings City Court has been dropped by the prosecution.
While prosecutors say probable cause existed at the time they filed the charge, they no longer believe they could prove beyond a reasonable doubt that Beach violated an order of protection against the mother of his child.
In their filing, the prosecution stated the alleged victim in the case would likely not testify due to media attention and justice would "be better served if the victim can move on with her life."
The trial was set set to begin on Tuesday.
Beach was arrested in November when he reportedly violated an order of protection.
The woman, who was identified as the mother of his child in documents, claimed Beach followed and harassed her. The woman also said Beach has expressed he did not want anything to do with the son he fathered while out of prison.
After the charges were brought against Beach, the state filed a petition to revoke his suspended sentence for the 1979 murder of a Poplar teen.
Beach was convicted of deliberate homicide on May 11, 1984 for the death of Poplar teen Kimberly Nees.
Governor Steve Bullock granted him clemency in November 2015; Beach received a new sentence of time served, plus 10 years suspended.
State officials said they are consulting with the Montana Department of Corrections on the matter and will have a decision on whether or not they will continue to pursue revocation by the end of the month.