CHARLOTTESVILLE, VA (WWBT) - Lynchburg Commonwealth's Attorney confirms the office investigated a charge against Jesse Matthew, but there weren't any independent witnesses and the case was dropped.
Meanwhile, a witness and the owner of the restaurant where Hannah Graham was last seen issued a statement about that night.
"The staff, we sat down with police, did not see Hannah," says Brice Cunningham, owner of the Tempo Restaurant & Bar. Cunningham is trying to clear the air and set the record straight after circulated video pinpointed his restaurant as one of the last places Hannah Graham was seen alive.
"This is not a place where I'm trying to make 7 bucks. We do not have underage drinking," he says.
While Cunningham says Hannah was never inside the restaurant, he says Jesse Matthew was..
"That was the first time I saw him. and I noticed him because he wasn't dressed the common way people dress here," he remembers.
Cunningham says Matthew's casual T-shirt and shorts stood out.
Going through receipts, he says Matthew was in the bar at just after midnight and then again at 1:10 a.m.
While Cunningham says Hannah wasn't in the bar, he says an employee saw her outside and then leave with Jesse Matthew.
Meanwhile, as Matthew works his way through the extradition process in Texas, he's lawyer here in Virginia says his family is "glad he's safe.. and looks forward to him getting home."