The criminal charge against an Indiana man who was arrested after videotaping a car collision was dropped this week.

John Fearing learned on Tuesday that prosecutors threw out his case after the arresting cop failed to change the charge from “refusing to leave emergency incident area” to jaywalking.

Usually, prosecutors are the ones responsible for rewriting criminal charges against defendants, but apparantly it’s a little different in Indiana.

I still think it would be a stretch to charge him with jaywalking, but it was even more of a stretch to claim he refused to leave the emergency area, which he clearly did when initially asked.

The issue was never where he was standing. It was his camera.

Fearing is not sure if he is going to file a lawsuit against the police department for unlawful arrest.

“Don’t have money to file. Will see if I can get someone to do it based on outcome,” he said in an email to Photography is Not a Crime.