Charges have been dropped against a man who took a saw to the trunk of a historic tree in La Vista last winter. Johnathan Roy was arrested in February and charged with felony criminal mischief for allegedly cutting into the trunk of the tree.

The 60-foot tree sits in front of the La Vista city offices and is the focal point of the city's Christmas decorations. La Vista park superintendent Brian Lukasiewicz and his crew found the damage last January. "When the first guy found it, we were all there taking the lights down. And we couldn't believe that somebody could do that. It really bothered us."

The bark and the outer layers of trunk were cut with almost ¾ of the way around. This damaged the tree’s ability to get water and nutrients up from the roots. But a cooler, wetter summer has helped it survive so far.

That's good news for Roy as well. Prosecutors have dropped the felony criminal mischief charge.

Sarpy County Chief Deputy Attorney Tricia Freeman says, "One of the essential elements that we have to prove is that the amount of damage that was caused was greater than $1,500. So obviously when we have an expert, who is telling us, at least at this point, that the tree appears to be healthy, that creates a proof issue for us in whether or not we can prove that that damage actually occurred."

Lukasiewicz hopes the tree will be around for many more Christmas celebrations. "If we have some good weather conditions, and that vascular system continues to improve and to grow, we may be able to keep the tree around. We're hopeful."

If the tree still dies in the next couple years, prosecutors say they can re-file the charges.