NORFOLK, Va. (WAVY) — A husband and wife who faced charges after a MOD Pizza employee was stabbed had their charges dropped during a brief hearing Tuesday. PREVIOUS COVERAGE: Only On 10: Video moments before and after MOD pizza stabbing in Norfolk Catherine and Corey Harper were initially charged in the Nov. 18 incident at the MOD Pizza at 1541 Premium Outlets Blvd. After a mistake with her order, Catherine Harper called her husband to assist in "settling the matter" with a store employee. Video shown in court captured the moments before and after the incident, in which the employee came around the counter and engaged in a physical altercation with Corey Harper. During the fight, the employee was stabbed. Corey Harper was charged with malicious wounding as well as brandishing a firearm after a video showed a gun falling out of his pocket as he was leaving the scene. Catherine Harper had been charged with malicious wounding. PREVIOUS COVERAGE: Woman charged in connection with Norfolk MOD Pizza stabbing granted bond According to the defense, the video showed the employee was acting as the aggressor, and this notion was supported by the Commonwealth's Attorney Office. "Based on the video and other evidence that came to light following the arrest of the accused, it became clear that Mr. Harper was acting in legitimate self-defense and that neither he, nor Ms. Harper, committed a crime," Norfolk Commonwealth's Attorney Ramin Fatehi said. "For that reason, we have dropped these charges." The case was nolle prossed after one witness, the MOD Pizza employee who was stabbed, was uncooperative, Fatehi said. "Your honor, we are asking for the case to be nolle prossed," said Phil Bailey, senior assistant Commonwealth's Attorney. "We have an uncooperative witness and we can not go forward with the case." However, if new evidence emerges, the case could be revisited. The judge dismissed the charges and Catherine and Corey Harper were free to go. They appeared with their attorney Cole Roberts. "I don't think there's anything they wish to say," Roberts said. "[Corey] was not the aggressor in any way, shape or form. Neither was his wife, and this would have gone forward as a self-defense case."