The former Penn State football player who has been called a "person of interest" in the June murder of student Langston Carraway is no longer facing a drug-related charge in Centre County, though the commonwealth said it plans to refile.

LaVon Chisley, 22, was charged in Centre County with possession of drug paraphernalia -- namely a scale -- after police visited his ex-girlfriend's apartment in June hoping to question him about the Carraway's unsolved murder.

A family member found Carraway, a Penn State senior, stabbed to death in his 110 Northbrook Lane apartment. His death was ruled a homicide June 6 by Centre County Coroner Scott Sayers, who said Carraway, 26, died of "massive blood loss as a result of a stabbing."

Police did not find Chisley at his ex-girlfriend's apartment, 1400 Martin St., but she gave police Chisley's belongings, including the scale, which she claimed he left behind, according to court documents.

At a hearing yesterday in front of Judge Charles Brown, Centre County Assistant District Attorney Karen Kuebler asked Brown to amend the criminal complaint against Chisley because she conceded that Chisley was no longer living at the apartment when police searched it on June 19.

"It is correct that Chisley had been evicted and had no control [over the scale]," Kuebler told Brown.

Kuebler asked that the complaint instead state Chisley was in possession of the scale between the dates of April 1 and April 20 -- which his ex-girlfriend said during Chisley's preliminary hearing in June.

Karen Muir, Chisley's attorney, argued the commonwealth had 30 days after Chisley's arraignment to make amendments but failed to do so. She said making the amendment now would put Chisley's defense at a disadvantage.

Centre County District Attorney Michael Madeira said the amendment to the complaint wasn't made during the 30-day period because no one caught the date discrepancy.

Brown denied the request for the amended complaint, saying the commonwealth could refile the charges against Chisley with the proper dates included.

Kuebler then withdrew the commonwealth's charge against Chisley for possession of drug paraphernalia.

Madeira said the charge will be refiled with the correct dates in the criminal complaint, although Muir maintains the charges have no grounds.

The hearing yesterday was scheduled in response to a motion Muir filed asking for the charges to be dismissed because she claimed Chisley was not the owner of the scale.

Muir said in the motion that Carraway was a known drug dealer and it was possible the scale belonged to him.

Madeira said that Chisley was charged with the crime because the scale was in his possession. He said it does not matter if he owned the scale, because he was in possession of it.

Another motion Muir had filed, which was asking for search warrants that led to the drug charges to be released, was void because the charges against Chisley were withdrawn.

Chisley had previously been charged with possession of a small amount of marijuana as well, but that charge was dismissed at his preliminary hearing. Madeira said when charges are refiled against Chisley, the commonwealth will not refile the possession of marijuana charge.

Earlier this month, Muir alleged Carraway was a "known dealer" of drugs in Centre County. Muir has said in the past police sources have indicated to her that Chisley will be charged with the murder and her decision to publicize that knowledge is strategic on the part of the defense.

"II agree," she said. She would not say exactly why she made her expectations public when Madeira has repeatedly said he has no plans to charge Chisley.