The man accused of soliciting to have his sister murdered is free tonight.
Charges against Tim Smith were dropped because the commonwealth was not able to find the chief witness in the case.
Smith was accused of plotting to have his sister, former Berryville Town Councilwoman, Gail Smith, killed.
She was found dead in her home in July of 2009.
No one has been charged with her murder.
This is the second time in this case that the commonwealth could not locate their key witness.