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Witness fails to appear, robbery case is dismissed

July 11, 2013|By Fred Petke

A felony robbery charge was dismissed against a Winchester man when the victim did not appear for a hearing in District Court.

Donald R. Warner, 26, of 31 E. Washington St., allegedly assaulted his father Richard Warner and stole his disability benefits card on May 1. According to court documents, Donald Warner then withdrew $600 from the account tied to the card.

Richard Warner swore out a warrant against his son, charging him with first-degree robbery.

Clark County Attorney Brian Thomas said Wednesday’s hearing was the third one scheduled in the case.

Richard Warner was served a subpoena to appear in court, but he never showed up for the hearings, he said.

“I can not prosecute without a victim,” Thomas said.

Wednesday afternoon, the judge dismissed the case without prejudice, which will allow the case to be reinstated if the witness appears, Thomas said.

In the warrant, Richard Warner said he was sleeping when Donald Warner put a pillow over his face and punched him several times before taking the benefit card from his coat pocket. Richard Warner said he has one lung and suffers from COPD, and felt like he was smothering during the incident. Donald Warner fled before police arrived. Donald Warner was arrested on May 15.

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Donald Warner was also charged with second-degree promoting contraband for smuggling three cigarettes into the Clark County Detention Center after his arrest on the warrant. Donald Warner pleaded guilty and was sentenced to 15 days with credit for time served.

Contact Fred Petke at fpetke@winchestersun.com or follow him on Twitter, @fredpetkenews.

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