COLORADO SPRINGS, Colo. — A motion filed by the prosecution Tuesday will potentially dismiss two of nine criminal charges, including kidnapping and false imprisonment, against former El Paso County Sheriff Terry Maketa, a source close to the case tells FOX21 News.

According to our source, the District Attorney’s office filed a motion to dismiss the charges of kidnapping and false imprisonment against Maketa, former Undersheriff Paula Presley and Commander Juan San Agustin. FOX21 attempted to obtain a copy of the motion, but it is suppressed by the judge.

As we reported in September of last year, the motion states that Chief Deputy District Attorney Shannon Gerhart was the one who ordered Detective Lisa Kaiser to arrest Kelli Trull, not San Agustin. Gerhart has since been appointed as an El Paso County judge.

The motion alleges the prosecution deliberately withheld evidence and was motivated to falsely implicate San Agustin in order to hurt his credibility.

Kelli Trull was arrested on September 12, 2013 without probable cause. Trull was the girlfriend of a former sheriff’s deputy and accused him of assaulting her. She later said she lied about it.

Additionally, our source says on September 12, 2013, the card keys needed to maneuver through the El Paso County Sheriff’s Office show Maketa and Presley were not in the building during the interview with Trull, and when the two did arrive, her arrest was already in motion.

Our source says according to card key records, San Agustin was not in the building after 9:32 a.m. and the arrest took place at 9:58.

FOX21 News obtained transcripts of an interview last year that the Colorado Bureau of Investigation conducted, which stated during trial prep with Detective Lisa Kaiser that “ was Shannon Gerhart with the DA’s office,” and “she signed off or authorized, if you will, the charges.”