Thu, Nov 26 2009
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Published November 05, 2009 01:25 am -  Prosecution drops cases; absence of victims citedThe Jasper County prosecutor’s office sought dismissals of felony assault charges against three defendants Wednesday because of a lack of cooperation on the part of two alleged victims and the inability to locate a third.
Gary S. Maggard, 50, of Webb City, was scheduled to have a preliminary hearing in Jasper County Circuit Court in Joplin on a charge of second-degree assault. Assistant Prosecutor Kimberly Fisher said she was forced to ask the court to dismiss the charge because of an inability to locate alleged victim Michael Foulk. Maggard was accused of attacking Foulk with a tire iron Aug. 11 at Foulk’s residence in Webb City. A probable-cause affidavit states that Maggard struck Foulk with the tire iron on his left clavicle, causing “obvious injury.” A second-degree domestic assault charge against Benjamin A. Dunn, 37, of Joplin, was not pursued because of a lack of cooperation on the part of his wife. Dunn also was scheduled to have a preliminary hearing Wednesday, but his wife did not show up to testify against him. Dunn allegedly pinned his wife against a shed Aug. 21 at their home at 721 S. Picher Ave. and choked her with his hands, according to a probable-cause affidavit. A preliminary hearing for Joshua A. Angeles, 32, 26120 Fir Road, on a charge of second-degree domestic assault was scuttled when his girlfriend did not show up to testify against him. A probable-cause affidavit alleges that Angeles pushed the woman to the ground and choked her during a fight Aug. 17 at his home. 
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