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An Orrick man will be charged with a lesser crime after having his case dismissed by Ray County Associate Judge David Busch on Tuesday.
Orrick Police Chief Troy Sims said on Thursday that City Prosecutor Kevin Baldwin would file misdemeanor assualt charges against Richard Holloway. Hollaway was accused of assaulting another Orrick man last February outside Fubbler’s Cove in Orrick.
Ray County Assistant Prosecuting Attorney Mark Goodwin, who prosecuted the case, said that his office did not have enough evidence in the case to get the charges to stick against Holloway.
Goodwin said the victim himself could not identify his assailant. Goodwin said the victim testified that he was hit from behind and never saw the face of the attacker. Goodwin went on to say there were no eye-witnesses to the attack. He said witnesses could only testify to the fact that Holloway was in the bar the night of the alleged incident.
Goodwin said it is unfortunate there was not an eye-witness.
“My heart goes out to the victim because obviously there was a crime committed,” Goodwin said on Thursday.
The victim and his family however are saying that not all of the evidence was presented and requested that Sims pursue further charges.
Sims told The Daily News that Goodwin’s office does a good and thorough job, but he views the case differently, describing the facts as “solid.”
Baldwin could not be reached for comment.
Photo: Richard Holloway