He's scheduled in court tomorrow.
When Allen Clare left the Fresno County Courthouse last month, the possibility of manslaughter or even murder charges were hanging over his head.
The 68-year-old had been willing to accept probation on a felony business code violation.
But after reviewing the case, Judge Jon Kapetan busted the plea deal, noting that Dr. Clare could possibly have had reason to kill his mentally challenged son.
16 months after his son's death, the dentist's case now appeared further from a resolution.
Dr. Clare's name has been removed from the building where he practiced.
He gave up his dental license after a dental board stating he illegally sedating patients 34 times with either valium and Demerol and one time, with his son, a lethal dose of morphine.
A coroner's report showed Patrick Clare had nearly three times the toxic level of morphine in his system when he died.
Coalinga Police Chief Cal Minor attended the September hearing and said Judge Kapetan made the right call in breaking apart the plea deal.
Prosecutors said they would amend the complaint against Clare, but Action News has learned they will not - a decision that disappointed Chief Minor, who has pushed for more serious charges.
"At the minimum, it's a violation of the manslaughter statute or could include up to second degree murder," Minor said.
Clare could still face up to three years in prison if convicted on the charge against him.