The owner of 509 Fitness in Kennewick, WA, had theft charges and a second trial dismissed last Thursday in a Benton County (WA) courtroom.

Jason Sleater, the owner of the now-defunct club, was facing six counts of second-degree theft, according to local reports. Sleater was accused of charging an additional $19.60 enhancement fee to more than 200 members a month before the club shut down in March 2011.

In September, Sleater was acquitted of one count each of first- and second-degree theft, but the jury in that trial deadlocked on the six additional theft counts, according to local reports. The judge in the case declared a mistrial.

According to the Tri-City Herald, Deputy Prosecutor Terry Bloor dismissed the charges without prejudice, meaning he can re-file the case if there is new evidence.