McALESTER, Oklahoma - The attorney for a Tulsa man accused of trying to use a drone to fly contraband into the Oklahoma State Penitentiary says the prosecution dropped the charges against him.

Marquis Gilkey was supposed to have a preliminary hearing on Thursday, but it was canceled after the Pittsburg County District Attorney dropped the charged against him.

The case began last October when staff members found a drone lying upside down on the prison grounds.

The drone was carrying a package which contained two 12-inch hacksaw blades, a cellphone, a cellphone battery, a hands-free device, cigarettes, cigars, super glue, marijuana, methamphetamine and heroin.

Investigators found a photo of a woman flying the drone on the phone. When they tracked her down she told them she'd been kidnapped and forced to get the drone and learn how to fly it.

Gilkey's attorney, Mark Heidenreiter of Tulsa, said he never saw any evidence connecting Gilkey to the crime. He said prosecutors referred to the woman only by her initials in court documents because they viewed her as a victim. 

He believes old nicknames mistakenly led investigators to his client. 

Heidenreiter said Gilkey is glad the case has been dismissed. He said Gilkey is exploring his options to see if his constitutional rights were abridged.