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Charge dropped when victim of 2001 shooting is not found

May 01, 2002|BY KIMBERLY YAKOWSKI

kimy@herald-mail.com

An attempted murder charge against a Virginia Avenue man in connection with a 2001 shooting were dropped Tuesday because the victim could not be found to testify, according to Assistant Washington County State's Attorney Art Rozes.

Rozes asked Washington County Circuit Judge Kennedy Boone Tuesday for a continuance in the case against Monroe Anthony Myers but Boone denied the request.

Rozes then asked that the charges be dropped and Boone agreed.

Myers, 20, was charged in November 2001 with attempted first-degree murder, first-degree assault, reckless endangerment and hindering an investigation stemming from the shooting.

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Robert Hernandez Jr., 20, was shot in the face, back and hip while he sat in a car on Sharpsburg Pike near the state prison complex.

Hernandez was taken to Washington County Hospital, where he was treated and later released.

Rozes told the judge that he believes Hernandez returned to his home in New York.

"We've been unable to find him," he said.

Boone said that Rozes could refile if Hernandez is located.

Rozes said following the hearing that it was frustrating to have to drop the charges but his hands were tied.

"The state can't guarantee if we reset the case that Hernandez would appear. Without him, we don't have a case," Rozes said.

Boone sentenced Myers last week to five years in prison for his guilty plea to a charge of possession with intent to distribute cocaine.

Police filed charges against Myers after five grams of crack cocaine was found in his possession during a search following the shooting on Sharpsburg Pike on Nov. 9, 2001.

Charges of possession of marijuana with intent to distribute and possession of marijuana were dropped in exchange for his plea.

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