reporter: richard penney was originally arrested in january of 2013. he had stolen his brothers gun, threatened him, and healthy woman hostage. after a long standoff, he was arrested and charged but deemed incompetent to stand trial. the original charges against richard penney were dismissed this october because of a state law that says if someone is not found competent in 12 months, charges need to be thrown out. prosecutors then charged him with stalking for allegedly calling his brother while in jail in violation of bail conditions. the judge agreed today to dismiss the case. >> i told him he could call me through my sister. reporter: today, the prosecutor refiled original charges, asking that penney be held on $5,000 bail. >> i do not know how to feel. nothing has changed. i do not understand how they can refile charges. reporter: since the original charges were dismissed without prejudice, state law allows someone to be retried if a person is found competent. the judge ordered that penney be held on $25,000 bail. >> the fact that he remained crime