SLIPPERY ROCK — When the victim failed to show up, a district judge dismissed a case earlier this month against a man accused of pointing a gun at the victim following a party in the fall.

Shane J. Carr, 29, of Venango Township, was scheduled for a preliminary hearing Dec. 9. But when the victim didn't show up to testify, Carr's attorney, Armand Cingolani, asked District Judge William O'Donnell to dismiss the case.

O'Donnell acquiesced with the understanding that prosecutors would refile the charges once the victim, who is out of state, can be brought in. Butler state police told O'Donnell they did not know when they could get the victim in for court.

Carr was charged Sept. 26 with a felony count of persons not to possess firearms, misdemeanor charges of terroristic threats, strangulation, simple assault and disorderly conduct and a summary charge of harassment.

In Cingolani's request for dismissal, he noted that Carr is being charged for Cingolani's services along with hiring a freelance court reporter, who makes a written record of a hearing.

“Mr. Carr would have to keep paying out of pocket for these things,” Cingolani said. “It's too onerous for the defendant when the victim might not even show up for a rescheduled hearing. The victim is out of state and not talking to anybody.”

Police allege Carr assaulted a man at a party in Harrisville. The victim told troopers that Carr and an unknown man placed him in a choke hold. He recounted that Carr also punched him twice in the face, police said.

The victim left the party and returned home, where the defendant eventually showed up with an AR-15 rifle, according to court documents.

Carr allegedly pointed the rifle at the victim and threatened to kill the man. The suspect left after the victim called 911.

Police later went to Carr's then-home in Harrisville. He was not home, but the owner allowed police to search the property for the suspect.

In the garage, documents said, troopers found a toolbox in a truck that contained five rifles and two shotguns. The firearms allegedly belonged to Carr.

Police noted that Carr has a prior felony conviction for possession of a firearm without a carry license.

“The main thing is the victim is not participating in the case, and there's more to the case then there appears,” Cingolani said. “It's not quite as black and white as it appears.”