The state of Oklahoma dismissed a charge of domestic assault and battery on a pregnant woman against a Muskogee man arrested and charged in May.
Ricky Ray Gaffney II, 32, was arrested May 19, 2012 by Muskogee Police.
Court records say Gaffney hit his girlfriend in the head, chest and abdomen. A doctor told police the woman had a miscarriage because of the beating.
In court on Wednesday, Muskogee County DA Larry Moore says the girlfriend failed to show as a witness for a second time and the charge was dismissed by the judge.
Gaffney had been behind bars since his arrest.