( KTRS ) A judge has dismissed claims of conspiracy in the handling of a drowning investigation by the Missouri State Highway Patrol.

A federal civil lawsuit, by the victims family, alleged that commanders in the highway patrol tried to cover up the cause of 20 yr old Brandon Ellingson’s death.

In 2014, Ellingson died after falling from a patrol boat while handcuffed, at the Lake of the Ozarks.

A trial of the arresting officer is still planned for October in Jefferson City. Trooper Anthony Piercy, says his training was inadequate.