CREEK COUNTY, Oklahoma - A judge dismissed the case against the suspect in the 2012 wildfire in Creek County.

Billy Cloud was accused of starting the wildfire that burned almost 60,000 acres and destroying almost 400 homes.

According to court records, the case against him was dismissed Friday afternoon.

Cloud started the wildfire by throwing lit cigarette on the ground during a burn ban, according to court records. The records say Cloud was drunk and didn't do anything to put out the fire.

District Attorney Max Cook said two witnesses did not show up to testify so he asked for a continuance, but the judge refused and dismissed the case.

Cook said the witnesses, who are members of Cloud's family, would have provided testimony that was critical to his case.