A judge is considering dismissing charges for the Starr County man accused of not delivering headstones to people who paid for them.

Noie Hesbrook made a court appearance on Wednesday. He's accused of stealing nearly $400,000 from more than 100 people.

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In court, Hesbrook's attorney argued that because the clients signed contracts, he shouldn't face charges.

Prosecutors said in the past some clients stopped payments when they could no longer get in contact with Hesbrook.

If the judge grants the dismissal, Hesbrook could still face civil penalties, but no jail time.