DES MOINES (AP) - The Iowa Court of Appeals has ordered that a Chicago police officer jailed in the assault of Iowa man be freed from prison.

In its ruling Wednesday, the appeals court found that there wasn't enough evidence for a Dubuque County district court judge to find that Michael Mette could have retreated from the altercation on Oct. 9, 2005, in Dubuque. It sent the case back to district court for a judgment of acquittal.

No one disputes that during the confrontation Mette punched Jake Gothard, fracturing his nose, cheek and jaw. But Mette's attorney maintained that the police officer only struck back after Gothard followed him from a party and pushed him three times.

Although both men had been drinking, Mette's family and supporters point out that Gothard's blood alcohol level was more than three times the legal limit to drive. And they note that Mette, in Dubuque to celebrate his brother's 25th birthday, tried to avoid a fight.

Jennifer Pomatto, Mette's sister, said the family was excited about the ruling that is expected to free her brother.

"We hope to have him home by the end of the month and hopefully this will be the end of it," she told The Associated Press by telephone.

However, she said the state has a few weeks to challenge the ruling.

"Until it's finalized we're all still a little cautious. The next 20 days are going to be a long 20 days," she said.

State prosecutors haven't yet decided whether to ask the Iowa Supreme Court to review the ruling, said Bill Roach, a spokesman for the Iowa attorney general's office.

A telephone message seeking comment from Dubuque County Attorney Ralph Potter wasn't immediately returned.

In August, Potter defended the charge of assault causing serious injury filed against Mette, saying it fit the incident. He added that his office offered to negotiate a plea with Mette, but his family "made it very clear that he would not plead to an assault charge of any kind."

There was no telephone listing for Jake Gothard in the Dubuque area.

Mette, who is on unpaid leave, has been serving his five-year sentence at a state prison in Rockwell City. His father, Robert Mette, said he spoke with his son Wednesday morning by telephone.

"He didn't sleep well last night. He's been quite nervous for the last couple of weeks," the father said. "He's now even more relieved than anybody."

Robert Mette said he expects that now that officials realize they've got an innocent man in prison they'll work quickly for his release.

"You would think it would be as soon as possible," he said.

Prominent Illinois officials, including Chicago Mayor Richard Daley, Cook County State's Attorney Richard Devine and Chicago Police Superintendent Jody Weis, had called for Michael Mette's release.

At Mette's trial in November 2006, he argued self-defense. First Judicial District Judge Monica Ackley found him guilty of assault causing serious injury but said Mette was not the initial aggressor in the incident.

"What the defendant failed to do, however, was to retreat from the house or walk away and call the police about the disturbance," she wrote. "Because of his failure to take these steps, the court cannot find that the self-defense justification is available to permit the striking of Jake."

In its ruling, the appeals court found that prosecutors did not meet the burden of proof, and that there was no testimony to support Ackley's findings.

"After being pushed and knocked backwards two or three times, there was nothing in the record to indicate Michael could have avoided Gothard's next blow, without his defensive punch," the ruling said. "While it may be possible to speculate on Michael's ability to retreat, the record is utterly void of any testimony to support that assumption."

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Michael Mette Defense Fund: http://mikemettedefensefund.com/