Holmes County District Attorney James Powell said he will appeal the dismissal of charges against a Mississippi Highway Patrol trooper.

“I’m working on my notice of appeal right now,” Powell told the Greenwood Commonwealth newspaper.

Johnny Delaney, 53, of Cruger was indicted in December on extortion charges in connection with a Sept. 30, 2008, incident involving a Holmes County man. Delaney, who has worked for the patrol for more than 20 years, was accused of taking money in exchange for dismissing tickets.

Last week, Holmes County Circuit Judge Jannie Lewis tossed out the indictment.

Lewis cited state law requiring that law enforcement officers receive a probable cause hearing before indictment. No hearing was held for Delaney before his indictment.