Charges dropped after alleged victim fails to appear in court

Cape Girardeau County assistant prosecuting attorney Frank Miller dropped charges against a Cape Girardeau man accused of robbery when the victim failed to show up and testify for a preliminary hearing Wednesday in Jackson.

The prosecuting attorney’s office had charged Colin Alexander Berry, 20, with first-degree robbery and armed criminal action.

Berry met up with Toby Turner, 21, on Christmas Eve in the 900 block of Hackberry Street because Berry was supposedly selling a phone, according to a probable-cause statement filed in the case by Cape Girardeau officer Dustin Humphrey.

Berry entered turner’s vehicle, Turner handed him $80, and Berry pulled a black handgun and pointed it at Berry, Humphrey wrote. Berry did not say anything and left the vehicle, according to the statement.

Humphrey noted Berry and Turner attended school together and had known each other for five years.

Miller said Berry’s case was dismissed but was subject to being refiled. Miller said he planned to charge Turner with contempt of court because Turner was served a subpoena to appear as a witness.

Pertinent address:

900 block of Hackberry Street, Cape Girardeau, Mo.

100 Court St., Jackson Mo.