Color me speechless.

Remember yesterday when I said how very rare it is for a police officer or deputy to be charged in a shooting case and that I was surprised that a decision was made to charge the deputy involved in the shooting of the suspected PS3 thief?

Turns out, it was an accident. No, not the shooting, the filing of charges.

After holding a press conference and telling the family of the teen shot to death that there would be charges, the New Hanover County District Attorney said today that it was a mistake. Apparently, the grand jury foreman said he had checked the wrong box on the indictment paperwork.

A copy of the indictment filed as evidence Tuesday shows a checked box for a "true bill" of indictment crossed out, with a heavy mark made through "not a true bill," followed by what appears to be the foreman's initials and Tuesday's date.

When a grand jury wants a murder indictment, it returns a "true bill." When it decides it does not want to issue an indictment, it returns "not a true bill."

The development drew a quick reaction from Strickland's family, which had praised prosecutors after they won the indictment against Long.

"Yesterday, our son's murderer was going to have to answer for what he did," Don and Kathy Strickland said in a statement. "Today, we just don't know what is going on in Wilmington. We are upset, confused and searching for answers."

The Associated Press reports that the mistaken charge could prevent the DA from filing charges against the deputy down the line because of the threat of double jeopardy.

Haven't they ever heard of polling a grand jury in New Hanover. Brian Crecente

RALEIGH, N.C. (AP) — Officials dismissed a murder charge Tuesday against a sheriff's deputy accused of shooting an unarmed teenager who authorities believed had stolen video game consoles, after a grand jury foreman said he had checked the wrong box on the indictment paperwork.

The dismissal came a day after New Hanover County District Attorney Ben David announced the second-degree murder charge against Cpl. Christopher Long.

David said Monday that the 34-year-old sheriff's deputy opened fire as police raided the home of Peyton Strickland, who police believed stole two Sony PlayStation 3 video game consoles from a college student in Wilmington.

Brenda Tucker, the court clerk in New Hanover Superior Court, confirmed the charge has been dismissed. Don Beskind, the law partner of Strickland's father, said the grand jury foreman told a court Tuesday that he checked the wrong box on the indictment form by mistake.

A copy of the indictment filed as evidence Tuesday shows a checked box for a "true bill" of indictment crossed out, with a heavy mark made through "not a true bill," followed by what appears to be the foreman's initials and Tuesday's date.

When a grand jury wants a murder indictment, it returns a "true bill." When it decides it does not want to issue an indictment, it returns "not a true bill."

The development drew a quick reaction from Strickland's family, which had praised prosecutors after they won the indictment against Long.

"Yesterday, our son's murderer was going to have to answer for what he did," Don and Kathy Strickland said in a statement. "Today, we just don't know what is going on in Wilmington. We are upset, confused and searching for answers."

David's office referred questions to the chambers of Superior Court Judge Ernest Fullwood, who did not immediately return a call. It was not immediately clear whether the error would prevent prosecutors from refiling charges against Long, a 12-year member of the sheriff's office who was fired last week after the Dec. 1 shooting.