Detroit, MI – A district court judge dismissed all charges against the man accused of murdering Wayne State University Police Sergeant Collin Rose, after the gunman was again found incompetent to stand trial on Tuesday.

Sergeant Rose, 29, was killed in the line of duty on Nov. 22, 2016, after he called out with a suspicious man riding a bike in an area where numerous thefts from vehicles had recently taken place, the Detroit Free Press reported.

The suspect, later identified as 61-year-old Raymond Durham, then shot the sergeant in the head and fled the scene.

Sgt. Rose was rushed to a local hospital, and succumbed to his injuries the following day.

“Tomorrow is the most important hearing and hurdle in the pursuit of Justice for Collin Rose,” the Officer Collin Rose Memorial Foundation said in a Facebook post on Monday.

“Raymond Durham has been incompetent to stand trial for Collin’s murder since Sept. 27, 2017,” the foundation explained. “He has been under the care of the Michigan Center for Forensic Psychiatry. Defendants that are incompetent to stand trial can be treated here for up to 15 months, but no longer.”

The foundation said that if the court was unable to find that Durham had regained competency during by the time of Tuesday’s hearing, then the criminal case against him would be dismissed.

During the competency hearing on Tuesday morning, Judge Kenneth King determined that Durham was still incompetent to stand trial, WWMT reported.

It was the fifth time the court had made that ruling.

“Judge Kenneth King dismissed the criminal case after hearing arguments and testimony from two psychiatrists and a psychologist,” the memorial foundation said in a Facebook post after the hearing.

“Prosecutors contend Durham is a danger to others and will file a petition with the court asking for continued psychiatric treatment. Durham shall remain in the care of the Center for Forensic Psychiatry for further treatment,” the post read.

If Durham’s competency is restored in the future, prosecutors can charge him for Sgt. Rose’s murder once again, according to the foundation.

Durham also allegedly shot and injured two Detroit police officers on March 15, 2017, WDIV reported.

A 44-year-old officer was struck once in the neck, and a 27-year-old officer was hit once in the ankle and twice in his ballistic vest.

Officers returned fire, and Durham was later apprehended and transported to the hospital with non-life threatening wounds, WWJ reported.

After he was charged for allegedly shooting the two Detroit police officers, investigators discovered that his DNA matched DNA found on a flashlight at the scene of Sgt. Rose’s murder, WDIV reported.

Sgt. Rose was a five-and-one-half year veteran of the Wayne State University Police Department. He was also a K9 officer, and had previously served with the Richland Police Department. He was promoted to the rank of sergeant after his death.

He was just one credit shy of a Master’s degree in Dispute Resolution when he was killed, WZZM reported.

In December, 2016, Wayne State University conferred Sgt. Rose’s degree posthumously, and his fiancé, Nikki Salgot, accepted the diploma on his behalf.

The couple planned to marry on Oct. 14, 2017, and Salgot made international headlines when she went through with a stunning memorial photo shoot in her wedding dress on what should have been the happiest day of her life.

“It still feels like yesterday he walked out the door for work, and never came home,” Salgot wrote in a Facebook post at the time. “I loved a hero and paid the price. Given the chance, knowing the outcome, I’d do it all over again.”