BUFFALO, N.Y. (WIVB) — The felony charge against a Buffalo man accused of making a terroristic threats against restaurants in May has been dropped.

But for Joseph Chowaniec, further prosecution could be coming, the Erie County District Attorney’s office said.

Chowaniec, who was 52 at the time of his arrest, was accused of threatening to “shoot up Bocce’s like the Tops of Jefferson.” The incident took place on the day after the mass shooting at Tops that resulted in the loss of 10 lives. An 18-year-old man authorities believe to be a white supremacist was accused of committing the attack.

The Bocce location on Delaware Avenue closed down for the day as a result of Chowaniec’s alleged threat over the phone, the DA’s office said.

According to the DA, Chowaniec had also been accused of placing a second threatening phone call, to Southern Tier Brewing Company on Scott Street.

The Buffalo News first reported the update regarding Chowaniec’s dismissal in the case. Chowaniec has a criminal history, according to a News report from 2008, which says he was accused of robbery and criminal impersonation of a police officer.

It’s not yet clear what crimes Chowaniec could be charged with going forward, but a representative of the DA’s office said, “Our office is looking into filing different charges.”