WICHITA, Kan. (AP) — A federal judge has dismissed the five charges remaining against for state senator and current Sedgwick County Commissioner Michael O’Donnell at the request of prosecutors.

Jurors on Monday found O’Donnell not guilty of 21 countsof wire fraud but deadlocked on two counts of wire fraud and three counts of money laundering.

U.S. District Judge Eric Melgren dismissed on Thursday those remaining counts without prejudice, meaning they could be refiled. The government had filed a motion the day earlier seeking the dismissal of those charges.

O’Donnell said Wednesday he’s glad common sense prevailed but he’s sorry the legal action was such an expense for him and taxpayers.

O’Donnell was indicted last year on charges that he misspent $10,500 during campaigns for state senate and the Sedgwick County Commission.