Kidnapping charges were dropped in court yesterday against John D. Moro because of a previous court ruling, while the charge of aggravated unlawful restraint was added.

Moro, 35, of Centralia, had charges of armed violence based on aggravated kidnapping with a weapon and aggravated kidnapping dropped. The basis for the decision was a 1990 court case involving a Chicago man, who had kidnapping charges dropped against him because he was the girl’s biological father.

Moro is accused of abducting his daughter, Demetria, at gunpoint from Giant City School in August. Demetria was returned to the custody of Moro’s ex-wife, Kelly E. Kurtz, after Moro’s capture.

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The charges that now stand against Moro are aggravated unlawful restraint, unlawful use of weapons, armed violence and a federal weapons charge.

Judge David W. Watt Jr. said yesterday in court that State’s Attorney Mike Wepsiec was trying to turn a civil matter into a criminal case by charging Moro with kidnapping.

Wepsiec said at a press conference yesterday that Watt’s hands were tied because of the 1990 ruling that said a biological parent cannot kidnap his or her own child.

I think that the 1990 case ruling had some bad facts, Wepsiec said. And they were forced to come to a holding that adversely affects cases like this one here, that the facts are somewhat different.

Wepsiec filed the aggravated unlawful restraint charges against Moro in response to Moro’s attorney, public defender Patricia Gross, who wanted the kidnapping charges dropped.

Wepsiec said this new charge does nothing to his case since there still are four charges against Moro.

Trial was set for Jan. 8, and Wepsiec said he does not plan to file any more charges against Moro.

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Wepsiec said prosecutors will be ready for the trial and will do their best to prove their case.

Moro has remained in the Jackson County Jail since his capture in Ellensburg, Wash., on Sept. 12 after a two-week, nationwide manhunt. Moro has failed to come up with his $150,000 bond.