A manslaughter charge has been dismissed against a Tucson man who rammed a state trooper’s patrol car, causing it to erupt into flames and killing a Marana mother of five.

Judge Richard Fields dismissed the case against Robert Gallivan, 30, at the request of prosecutors, who said there was “little substantial likelihood of a conviction.”

Arizona Department of Public Safety officers pulled Faith Mascolino, 45, over in the early hours of June 3, 2009, on Interstate 10 near West Orange Grove Road. After conducting a sobriety test, they arrested her on suspicion of driving under the influence and placed her in the back of one of the officers’ cruisers.

One of the officers was on the phone with Mascolino’s daughter when the officers spotted a Nissan Altima coming toward them. The officers jumped over the guard rail and the Nissan crashed into the cruiser, which exploded and burned. Mascolino died and Gallivan suffered a broken ankle and a ruptured bowel, and at one point was put into a drug-induced coma.

“This has been a difficult situation for everyone involved.  We appreciate the prosecution’s thorough investigation and agree that a dismissal was the appropriate resolution,” said defense attorney Dina Dieglio.

Dieglio’s co-counsel, Michael Bloom said that as time went on it became clear Gallivan had committed no crime.

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