The case against a Vicksburg man arrested for manufacturing crystal methamphetamine in a home where a 4-year-old child was present will not be prosecuted, District Attorney Ricky Smith has confirmed.

Sherman Brewer Jr., 29, 1208 Mallet Road, was arrested Aug. 11 along with Jimmy Cogan, 30, at Cogan’s residence at 119 Lovers Lane. Both men were indicted in January for manufacture of a controlled substance.

At that time, Smith said the grand jury added an enhancement of the meth cooking charge for “manufacturing in the vicinity of a child,” rather than a separate indictment.

The enhancement could have doubled the potential sentence — a maximum of 30 years —Brewer and Cogan faced, he said.

Their arrests came a week after a Cherry Street couple had been sentenced to a combined 60 years in prison for possession of meth, manufacturing meth and child endangerment after pleading guilty to similar charges.

Cogan was prepared to plead guilty and testify against Brewer, Smith said Thursday.

Brewer’s trial date, originally June 1, had been rescheduled once to July 12, Smith said, and presiding Circuit Judge M. James Chaney denied Smith’s motion to continue the trial a second time when a key prosecution witness suffered a medical emergency that prevented him from testifying.

The second continuance of just a few weeks would not have violated the state’s “speedy trial” requirement of 270 days following indictment, said the DA.

Chaney also ruled against the inclusion of two key pieces of information, Smith said.

“Due to the fact that the judge refused to grant a continuance, and that we would not be able to use statements made by the defendant subsequent to his arrest and the fact that he had a prior felony conviction for the same type of charge, we had no choice but to ask that the case be dismissed,” Smith said.

Brewer is currently serving a three-year sentence after pleading guilty to escape from confinement in March, as well as a 10-year sentence for violating probation, Smith said.

Also in Warren County Circuit Court for the week ending Friday:

• Arguello A. Magee, 28, 630 Rawlston Road, pleaded guilty to robbery and was sentenced by Chaney to five years in prison followed by five years of probation, plus a $2,000 fine and $322.50 in costs. Magee was arrested Nov. 24, 2008.

• Gromyko G. Magee, 25, 630 Rawlston Road, pleaded guilty to robbery and was sentenced by Chaney to five years in prison followed by five years of probation, plus a $2,000 fine and $322.50 in costs. Magee was arrested Nov. 24, 2008.

• Adam Tremaine Walker, 34, 1300 Freetown Road, pleaded guilty to two counts of possession of a controlled substance and was sentenced by Chaney to two years in the Mississippi Department of Corrections Intensive Supervision Program (house arrest) followed by five years of probation, plus a $5,000 fine and $622.50 in costs. Walker was arrested Nov. 6, 2008.

In Issaquena County Circuit Court for the week ending Friday:

• Willie J. Cain, 45, 22746 Mississippi 1 South, Mayersville, pleaded guilty to possession of contraband in a jail and was sentenced by Circuit Judge Isadore Patrick to 18 months in prison followed by three years of probation, plus a $1,000 fine and $322.50 in costs. Cain was indicted in June 2008.