Prosecutors have filed a motion to dismiss the charges against a man accused of assaulting an RTD bus driver last month.

Eduardo Rodriguez, 28, had been charged with endangering public transportation and second-degree assault for his alleged involvement in the Feb. 23 incident.

The Denver District Attorney’s Office says after further reviewing the evidence, they don’t believe Rodriguez initiated the fight, which left the RTD driver seriously injured.

The two other people charged in the incident – 45-year-old Deanne Sandoval and 25-year-old Destiny Sandoval – are still charged with three counts of endangering public transportation, one count of bias-motivated crime and one count of second-degree assault.

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Denver Police investigators say the two were trying to board the bus at the intersection of South Federal Boulevard and West Mississippi Avenue and refused to pay.

According to court documents, they refused when the driver told them to get off the bus. Destiny allegedly spit on the bus driver, and after he pushed her off of the bus, police say Deanne then jumped on the victim and began assaulting them.

A witness was later able to break up to the fight.

The bus driver was taken to the hospital and treated for his injuries.