MIAMI (CBSMiami) – The Florida International University student charged in the stabbing death of the school’s football running back will not go to trial at this time.

The Miami-Dade State Attorney’s Office dropped charges against Quentin Wyche Wednesday. Wyche allegedly stabbed Berry with a pair of scissors on the school’s main campus in March 2010.

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“My client is gratified that the case is Nolle Pros and looks forward to going back to school and resuming his life,” said David Peckins, Wyche’s attorney.

The relief may be short lived.

State Attorney’s Office spokesperson Ed Griffith said the state has not abandoned the case and have already refiled charges. Griffith said an arrest warrant has been signed and Wyche has agreed to arrange his surrender.

Griffith explained that the case was dropped at this point because the court denied a continuance due to the unavailability of witnesses.

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The case was scheduled to go to trial on July 29.

Wyche contends that Berry picked a fight with him outside the school’s recreation center, with more than a dozen of Berry’s buddies and fellow football players backing him up.

Attorney David Peckins says Berry’s death was unintentional.

“He just happened to thrust himself against the scissor that the defendant had taken out apparently from his book bag when he was being chased down by this football team,” Peckins told CBS4 in January 2011.

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Last year Wyche tried, unsuccessfully, to have charges dropped based of Florida’s controversial “Stand Your Ground” law. Judge Milton Hirsch denied the motion, saying Wyche failed to show he has reason to believe his life was in danger when he stabbed Berry.