HUTCHINSON, Kan. — A second suspect believed to be involved in a cultivation of marijuana case was arrested only to have a Reno County judge find there wasn’t probable cause for his arrest.

Eric Pierce was jailed for the cultivation of marijuana, possession of drug paraphernalia with intent to distribute, possession of marijuana and theft of property or services. He had a $15,000 bond, but Magistrate Judge Cheryl Allen denied a probable cause finding because of lack of information provided to her by the Reno County Sheriff’s Office.

The case started on Monday, Oct. 30, when Rachelle Dietz reported her 2005 Ford Taurus stolen. Reno County Sheriff’s Deputies arrived and found Reno County Firefighters working a small fire at the home. While going through the residence after the fire, officials discovered a growing operation and paraphernalia in the basement. Officials reportedly found five plants. She was arrested for the same drug charges as Pierce

She accused him of starting the fire and also stealing her vehicle. She had apparently received a protection from abuse and eviction order against Pierce, but sheriff’s officials believe he was also involved in the cultivation of the marijuana.

Although the judge didn’t find probable cause for the arrest, it doesn’t mean Pierce is out of the woods. Law enforcement will send the case information to the District Attorney’s Office for possible charges, meaning he could be arrested later once any charges are filed.

Dietz is scheduled to be back in court Tuesday for the formal reading of charges against her.