FALMOUTH, MASS. (WHDH) - The Cape and Islands District Attorney announced the charges against the teen accused of making threats against a school have been dropped after investigators learned of a discrepancy in the case.

Investigators say that discrepancy has made further prosecution no longer possible.

Ian Fotheringham, 18, was accused of making threats against an elementary school in Falmouth.

Police said Fotheringham was identified as the man spotted by a teacher walking in a wooded area behind Teaticket Elementary school on September 3. The teacher reported Fotheringham was taking pictures and videos of the school.

Fotheringham was released on bail last week with a GPS monitor. His defense argued it was a case of mistaken identity.

Parents in the district said they were upset to hear the charges were dropped.

Parents also expressed anger with Falmouth Schools Superintendent Lori Duerr, because they said they did not know what happened until a week later, when prosecutors announced the teen’s arrest.

“I have a child who’s looking out the window to see if the police are actually there or not, that’s not healthy for our kids,” said Dianna Wilson, a Falmouth parent.

Fotheringham’s attorney says her client has maintained his innocent since the beginning of the investigation. In a statement, she wrote, “All Americans are innocent until proven guilty…and they should be prosecuted in a court of law…not in the court of public opinion.”

“We would rather be safe than sorry these are our kids and we need to make sure our kids are safe,” said Wilson.

While police continue their investigation, parents debate sending their children to school.

“We’re concerned for our kids, we’re concerned for their safety,” said Wilson.

“I can’t help but feel that little piece of me that wants to keep them home and I probably will,” said another parent.

Superintendent Duerr sent an email to familes Thursday saying there will be a police presence tomorrow, and no outdoor recess in the interest of safety.

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