JONESBOROUGH, Tenn. -

Murder charges were dropped Monday against Codey Miller.

Miller was charged with murdering his mother, 37-year-old Sherry Cooper, in 2009. Johnson City Police say her body was found in a trash can next to her apartment. Click here to read more about that case.

Police believe Cooper was strangled to death and officers told News 5 WCYB that Miller had sex with the corpse.

According to the Washington County, Tennessee court clerk's office, prosecutors said there was not enough evidence to go trial.

Judge Robert Cupp tossed out Miller’s taped confession in a previous court appearance, saying it was coerced by investigators.

Christopher Johnson, also charged in the case, pled guilty to tampering with evidence and abusing a corpse last year. He was sentenced to probation.