A Hawaii judge ruled in favor of dismissing a domestic abuse charge against Colorado Rockies shortstop Jose Reyes.
Deputy Maui Prosecuting Attorney Kerry Glen said Monday that the judge signed off on the move but will give prosecutors about two years to refile charges if Reyes' wife cooperates.
Glen says it's impossible to move forward with prosecution without cooperation from Reyes' wife, who refuses to speak with prosecutors.
The former New York Mets shortstop was arrested Oct. 31 at the Wailea Four Seasons Resort.
Reyes was released after posting $1,000. The bail will be returned now that the charge is dismissed.
Reyes can still ask the judge to dismiss the case outright, taking away prosecutors' ability to refile charges. So far, defense attorney David Sereno hasn't filed a motion requesting that.
Reyes was placed on paid leave under Major League Baseball's new domestic violence policy pending completion of the criminal proceedings.
The MLB and the players' association agreed to the policy in August following a series of high-profile domestic violence cases involving NFL players. Reyes was the first player affected by it.
The MLB declined to comment on prosecutors' intent to drop the charge against him but said in a statement Reyes "remains on administrative leave until the commissioner completes his investigation and imposes any discipline."
Administrative leave is paid suspension, although Reyes will start accruing his $22 million salary Sunday, the day the MLB season opens. If the discipline becomes an unpaid suspension, he has the right to offset the time served against the penalty but must repay any salary he received during the paid suspension.
Based on reporting by The Associated Press.