The five had been under indictment since Feb. 27 on charges that they conspired to block the investigation into a Nov. 20 street brawl in which three off-duty police officers, including the son of Assistant Chief Alex Fagan, are accused of beating up two men on Union Street after demanding they hand over a bag of steak fajitas. Fagan is now acting police chief and was in court for the ruling.

"Despite the numerous improper acts and events that transpired, there is simply no way to find an agreement that is essential to a conspiracy," Tsenin found, noting that any such charge requires evidence that the accused somehow conferred and agreed on a course of action.

"Since the district attorney's office will not do it, this court must," the judge said in dropping all charges.