Felony case at risk over alleged mishandled evidence
A 2021 shooting case involving multiple felonies may soon collapse after a public defender accused both the Ray County Sheriff’s Office and Prosecutor’s Office in open court of failing to secure key video evidence – a move she called a clear violation of constitutional rights.
Eighth Judicial Circuit Court Judge Kevin L. Walden recently took under advisement a motion to dismiss all remaining charges against 24-year-old Evan D. Barney. Initially, Barney faced 11 charges stemming from a July 20, 2021, incident, including first-degree robbery, two counts of first-degree assault, three counts of armed criminal action, unlawful use of a weapon, third-degree assault, conspiracy to commit a class A, B or C felony and one misdemeanor count of stealing.
After Public Defender Rebecca Abeln filed a motion to dismiss, four of those charges – including the lead count of first-degree robbery – were dropped by the prosecution ahead of the hearing. The other charges dismissed were conspiracy to…