SEATTLE (AP) — Charges have been dropped against an 82-year-old man accused in a child pornography case that has stretched from Seattle to Shelton and also includes his two elderly brothers.

KOMO-TV reports the charges were dismissed this week after a King County Superior Court judge ruled that 82-year-old Charles Emery lacks the capacity to understand the proceedings and assist in his own defense.

An examination at Western State Hospital determined Emery is unlikely to become competent within a reasonable time to stand trial. He was diagnosed with dementia earlier this year and court documents say he is "suffering from a severe and persistent mental illness."

Emery is one of three elderly brothers arrested in August.

Court documents say the brothers had sexually abused female relatives. Emery's 80-year-old brother, Daniel Emery, has pleaded not guilty to the charges.

A third brother, Edwin Emery, is also charged. He was earlier reported to be in intensive care at Harborview Medical Center.