Joseph Weekley could have been tried for a misdemeanor count of Careless Discharge Causing Injury or Death.
The 38-year-old Weekley received a second mistrial last October in the death of Jones, 7, who was fatally shot during a police raid four years ago. The first case also ended with a hung jury.
At the time, Weekley said Aiyana's grandmother, Mertilla Jones grabbed his gun causing him to accidentally pull the trigger. Jones says she never did.
The prosecution said that Weekley's finger should have never been on the trigger. The jury says they struggled on the definition of negligence.
In the second trial, the charges of felony manslaughter were dismissed. Under the law the decision cannot be appealed.
Mark Diaz, the Detroit Police Officers Association president, said that it is up to Weekley if he would like to return to the department on active duty.In a statement from Prosecutor Kym Worthy, she said:
Today we personally informed the family of Aiyana Stanley-Jones that we have made a decision that we would not be going to trial for a third time in the Joseph Weekley case. It is unfortunate that Judge Cynthia Gray Hathaway granted a directed verdict dismissing the felony Manslaughter charged, leaving only the misdemeanor count of Careless Discharge Causing Injury or Death. Under the law her decision cannot be appealed. On Friday, January 30, 2015 at 9:00 a.m., we will move to dismiss the case.
After Weekley's second mistrial, he issued a statement revealing his thoughts about how the pain from that incident will stay with him forever.
"No matter the outcome of any jury's decision. I have already been devastated and my life has been ruined irreparably by the events that occurred on May 10, 2010.
"There has not been one single day that has gone by since that day where I have not thought about the loss of Aiyana and I will be haunted by this tragedy for the rest of my life."