Thomas Jackson

Thomas Jackson. Photo courtesy El Paso County Sheriff’s Office.

Prosecutors on Friday dropped all charges against a Falcon man jailed on suspicion of shooting his wife twice in the head and trying to pass it off as suicide.

It’s unclear if Thomas Harry Jackson, 45, remains under scrutiny, but his attorney said authorities still suspect foul play was involved in the Oct. 9 death of Courtney Jackson.

“It’s clearly still being seen as an open homicide by the prosecution, and we’re going to leave it at that right now,” said John Scorsine. He thanked prosecutors for “exercising their judgment,” while also warning that charges could again be brought against his client.

Jackson was expected to be released from El Paso County jail Friday, more than three months after his arrest on suspicion of first-degree murder in the shooting at the couple’s home in the 10400 block of Wilson Place northeast of Colorado Springs.

The dismissal came at a 4th Judicial District Court hearing lasting less than 10 minutes.

In asking a judge to throw out charges, prosecutor Martha McKinney cited insufficient evidence for trial, without offering specifics on what had changed. She didn’t return a voicemail message seeking additional comment.

In a written statement, the District Attorney’s Office said “evidentiary and forensic developments” led to the move. No details were provided.

The death remains under investigation by the El Paso County Sheriff’s Office, the statement said.

An arrest affidavit unsealed in late October revealed allegations that Thomas Jackson plotted to kill Courtney Jackson when their unraveling marriage threatened his access to $400,000 in shared assets. According to authorities, he called 911 to report that his wife was suicidal. He said that his wife shot herself during the phone call.

However, a 911 recording captured no gunshots, and other inconsistencies plainly challenged the husband’s account, the document alleged.

Investigators found a shell casing and blood in the woman’s bedroom, 17 feet from where her body was found in a bathroom. An autopsy determined that either of the two gunshot wounds in her head would have been fatal.

McKinney offered no alternate explanation for gaps in Jackson’s account.

Agreeing to dismiss the case, Judge Michael McHenry said prosecutors are eligible to refile charges if they believe they can meet the probable-cause burden.

A public tug of war over Courtney Jackson’s remains erupted in October, when attorneys for her husband asked a judge to order they be allowed to conduct an independent review of her body at the Coroner’s Office.

McHenry ended the three-day standoff by ordering that the body be released to her family, finding that the defense failed to show a reason to be suspicious of the coroner’s findings.

The move was a bleak victory for the woman’s mother, who tearfully pleaded for the opportunity to hold a ceremony where the woman’s 9-year-old daughter could formally say her goodbyes.

“I feel that Courtney has been through enough,” she told the court in October.

A Sheriff’s Office representative didn’t immediately respond to a request for comment.

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