National City

A 19-year-old man charged with assaulting a person at a graduation party in which a woman bystander was killed had all charges against him dismissed Tuesday when no witness identified him in court.

Michael Mendoza of San Diego was ordered released from County Jail, where he had been since his arrest days after the June 22 party in National City that drew more than 100 young people.

Maria Acosta, 42, who showed up at the party to pick up her daughter Cynthia, 15, was shot in the head and killed as she sat in her car.

Mendoza was not charged in her death, although he originally was arrested as a murder suspect. He had been charged with wounding Larry Santos, 23, who was shot in both legs.

Deputy Dist. Atty. Garland Peed, said: “If new evidence comes forth, we will certainly refile. . . . The investigation in the case is continuing.”

San Diego Municipal Judge Robert Stahl Jr. cited insufficient evidence in not binding Mendoza over to Superior Court for trial after the afternoon preliminary hearing.

Acosta was killed when she was caught in a cross-fire between rival gangs.

Santos did not testify Tuesday.