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Charges are withdrawn

Alleged victims fail to show up

Robbery and assault charges against two Butler men were dismissed Monday after the alleged victims — who have criminal troubles of their own — failed to appear for a preliminary hearing.

Dustin B.R. Davis, 20, and Davon D. Stevens, 21, had been charged by Butler police with the Sept. 10 stickup of a couple on North Chestnut Street.

The purported victims — 29-year-old Eric O’Donnell and 25-year-old Jouline Walker — claimed Stevens brandished a handgun, pointed it at O’Donnell and demanded money.

However, O’Donnell refused and began to struggle with Stevens over the gun, a police affidavit said.

While Stevens and O’Donnell tussled, Davis allegedly threw Walker to the ground and took $100 from her purse, according to court documents. Neither O’Donnell nor Walker was injured.

Officers later nabbed Davis and Stevens, who both denied involvement. Police said they found Stevens with more than 50 stamp bags of heroin when they arrested him.

Two prior scheduled preliminary hearings for the former defendants in September and November had been continued when the alleged victims were no-shows, authorities said.

When the couple again did not appear for Monday’s hearing before District Judge Pete Shaffer, prosecutors withdrew the charges in connection with the alleged holdup.

Davis, who has been in the Butler County Prison on $50,000 bail since his arrest Sept. 11, was released later Monday.

Stevens, however, remains in the county jail on $75,000 bail, on separate felony drug charges that police filed after they allegedly found him with the heroin.

Following court proceedings, police said they were unable to serve O’Donnell and Walker with subpoenas, which would have compelled them to appear for Monday’s hearing, because neither has a known address.

The couple, meanwhile, have dates to appear later this month at preliminary hearings — this time as defendants themselves.

Butler police last month charged them after they suspect both overdosed on heroin Nov. 6 outside a coin laundry on North Monroe Street.

Officers found Walker unconscious in the driver’s seat of a vehicle. Police said O’Donnell was on the ground, also unresponsive, on the vehicle’s passenger side.

Police awakened the couple, who both admitted they had injected heroin, according to court documents. Inside the vehicle, officers found 20 stamp bags of heroin, six syringes and other drug contraband.

Walker and O’Donnell are both charged in that case with misdemeanor drug possession and disorderly conduct. Their preliminary hearings are set for Dec. 22.

Walker that same day is to appear for an unrelated hearing stemming from a Nov. 7 shoplifting incident at a Butler convenience store.

Because she has six prior shoplifting convictions, she is charged with felony retail theft in the case.

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