Judge Cynthia Gray Hathaway (left), Detroit police officer Joseph Weekley (top right), and the parents of 7-year-old Aiyana Stanley-Jones holding her picture (bottom right). (AP Photos)

DETROIT (AP) — A judge dismissed an involuntary manslaughter charge against a Detroit police officer who killed a girl during a raid and the case is on hold pending an appeal.

Judge Cynthia Gray Hathaway ruled Friday morning after prosecutors finished presenting their case against Joseph Weekley. After prosecutors objected, the judge suspended her decision so prosecutors can take the case to the state appeals court.

Weekley is charged in the fatal shooting of 7-year-old Aiyana Stanley-Jones during a police raid in 2010. He says he accidentally pulled the trigger when the girl’s grandmother grabbed his gun. Mertilla Jones denies any interference.

Weekley still faces a misdemeanor charge. Hathaway told jurors to return Monday.

The judge dismissed the charge after defense attorney Steve Fishman said prosecutors didn’t show that Weekley acted willfully.