Fifteenth Judicial District Deputy Prosecuting Attorney Brian Mueller on Friday moved to dismiss charges against two men and a woman accused of a home invasion in Magazine last March.
Charges were also dropped against Gary McCubbin, Jr., 35, Jessica Lorene Ritchie, 34, and Thomas Self, 35, two weeks after 15th Judicial District Judge Jerry Don Ramey found McCubbin not guilty of a probation revocation offense.
Mueller said hearing "was kind of a test to see how their testimony would go."
"I just don’t think we have the evidence to present for a jury trial," Mueller said Friday. "I told the victims if we come up with more evidence we’d re-file, but at this point I really don’t have enough."
Mueller said one of the problems with the case was the victim waited about nine hours before reporting he had been overpowered, tied up and robbed in his home. The victim had identified the three as the suspects.
Charges against McCubbin and Ritchie in another case were also dropped. Mueller also cited a lack of evidence in that case in which a person who had allegedly been with the three was hospitalized and returned home to find items missing.
Self also has another active case that was not on Friday’s short docket. Mueller told Ramey the state is still pursing that case.