After a preliminary hearing Tuesday, a judge found no evidence that Ahmen Hollomon was still racing when Khusen (KOO'-sen) Akhmedov (OCK'-muh-dov) struck the family after cresting a hill.
The 30-year-old Hollomon remains charged with DUI-homicide and reckless endangerment. Officials say he had marijuana in his system as he drove his tricked-out 1994 Honda in July.
The 23-year-old Akhmedov, of Lancaster, is facing third-degree murder charges in the deaths of 23-year-old Samara Banks and three young sons. His lawyer calls the crash an accident.
Police say Akhmedov was driving his Audi 79 miles per hour on Roosevelt Boulevard as Banks tried to cross that night.