A Westchester County grand jury has voted to dismiss charges against an employee at a school for children with autism.

The decision was confirmed by the attorney for Jon Merceus.

Merceus was charged in December with obstructing the breathing of a disabled student at Shrub Oak International School in Yorktown. The incident was alleged to have happened in October. Merceus, who worked at the school two days a month, was later terminated.

His attorney said they always believed Merceus was innocent. The charges are expected to be formally dismissed later this month.

The District Attorney's Office said it cannot comment on grand jury matters. The school did not respond to a message seeking comment.

At the time of the case, Merceus also served as men's basketball coach at Manhattanville University. He was placed on hiatus and was recently informed the university has moved on.