Washburn charges dismissed on technicality
Four days before his trial was to begin, charges against a man arrested as part of an alleged multi-state crime spree were dismissed on a technicality.
Allen D. Washburn, 36, was charged with residential burglary, two counts of felony theft, damage to property, and misdemeanor theft. The charges stemmed from a late December incident at the Lehigh residence of Merle and Michelle Flaming, who discovered on Dec. 27 their home had been broken into and their pickup, trailer, computer, and an assortment of other items had been stolen. Abandoned on their property was a vehicle reported stolen from Barton County, Missouri, where Washburn was on furlough from jail at the time of the theft.
The Flamings’ trailer was later found abandoned at a fast food restaurant in Kansas City. Their truck was found Feb. 8, abandoned near Chloride, Arizona.
In September, Washburn filed three court documents on his own claiming his constitutional and civil rights are being violated because the court didn’t properly handle petitions asking for hearings. He also claimed evidence was suppressed.
During a Friday hearing, District Judge Michael Powers listened to testimony that Washburn’s multiple motions for dismissal of the case were not properly provided to Marion County by the Department of Corrections.
“The failure of the Secretary of Corrections to promptly provide the information as required … is not the fault of the defendant. The 180-day time limit has expired,” Powers’ ruling reads. “The court lacks jurisdiction to proceed.”
Marion County Attorney Courtney Boehm said Washburn had written his motions and given them to prison supervisors, but the motions were not forwarded to Marion County.
The Flamings have been notified of the dismissal, Boehm said.
Last modified Oct. 25, 2017