David Michael Roberts, of Varney, was arrested on Oct. 20, 2009 by the Mingo County Sheriff’s Department. However, charges were dropped twice since the original arrest, because the investigating officer failed to appear for court.
Chief Deputy James Smith explained that the officer was on medical leave and was unable to attend the court proceedings previously. Smith also said the sheriff’s department pushed for a continuance, but the proper paperwork was not filed in time.
Roberts will be forced to once again face charges of malicious wounding after the sheriff’s department ob-tained a new warrant for his arrest.
The criminal complaint filed in Mingo County Magistrate Court says police responded after 911 dispatched them to the residence of 93-year-old Buddy Mounts in Taylorville.
Mounts had been struck in the head, causing a wound to his ear. Officers stated in the complaint that Mounts’ ear had been torn from his head and was hanging by a small amount of skin.
Police spoke with a witness Jamie Butcher who said that he saw Mounts flee his apartment and went immediately inside the residence witnessing Roberts wiping blood from his hands. Butcher also said that he seen blood on the defendants shirt.
Roberts was identified by Mounts, who claimed Rob-erts attempted to take his money.
Roberts was arraigned by Magistrate Dee Sidebottom and bond was set at $10,000. However, since this was Roberts’s third arrest for the charges and he had served jail time on the previous arrests, Side-bottom issued a personal recognizance bond.
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