The investigation into an aggravated robbery that occurred on Second Street in Elkins last month is ongoing, despite the fact that charges against the alleged suspect in the case have been dismissed, according to the Randolph County Prosecuting Attorney's office.
Charges were dismissed without prejudice against Robert W. Maxwell, 21, of Elkins, May 2 in Randolph County Magistrate Court. Maxwell had been accused of beating up another man, David Leary, and stealing his wallet on April 16 and was consequently charged with one felony count of first-degree robbery, also known as aggravated robbery, according to previous reports.
Randolph County Prosecuting Attorney Michael Parker said Monday that the state obtained new information which resulted in its motion to dismiss without prejudice, which means the matter may be brought up again in court.
"Due to the continuing efforts of the investigating officer, Sgt. (S.R.) Judy (with the Elkins Police Department), additional facts were obtained by the state prior to the preliminary hearing," Parker said in a statement. "Based upon the new information, the state believes that additional investigation into this case is necessary before proceeding.
"I applaud the efforts of Sgt. Judy and Assistant Prosecuting Attorney Lori Gray in recognizing that fact in this case," Parker added. "As the matter remains an active investigation, I am unable to offer any further comments on this case."
According to previous reports, in the early morning hours of April 16, the Randolph County E-911 center advised Judy that a robbery had occurred near 220 Second St.
Judy subsequently met the alleged victim, David Leary, at City Hall to obtain a statement from him.
Leary told Judy he had been walking on Second Street in front of Central Towers when he was beaten up by Maxwell, whom he said he knew, and "two unidentified black male subjects."
Leary said one of the two men he didn't know was dressed in a long coat and blue jeans, while the other had gold teeth and was somewhere between 20 and 24 years old.
The victim told Judy he thought the three men were simply coming over to talk with him; instead, one of the black men struck him in the right eye and Maxwell allegedly kicked him in the head.
Leary said the impact of the blows knocked him to the ground, at which point the three men allegedly kicked him in the ribs several times. Leary said Maxwell and the two men then took his wallet, which contained $216, and ran into Central Towers.
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