Nashville, Tenn. — A charge of public indecency against Tennessee Titans receiver Tyrone Calico was thrown out by a judge on Thursday.

General Sessions Court Judge Casey Moreland decided not to send the case to the grand jury for indictment after a policeman testified at a preliminary hearing that he saw Calico and a woman putting their clothes on in the back seat of a sport utility vehicle. He had approached the vehicle after he saw its lights on s around 2:30 a.m. on May 12.

Calico’s attorney argued the officer would have had difficulty seeing into the sports utility vehicle because it was taller than the patrol car and had tinted windows.

“There is no proof as to what happened. It’s just what appeared to be what happened, and bad judgment does not rise to the point of criminal activity,” Moreland said.