Charges dropped after alleged victim fails to appear in court

Southeast Missourian

Cape Girardeau County assistant prosecuting attorney Frank Miller dropped charges against a Cape Girardeau man accused of robbery when the victim failed to show up and testify for a preliminary hearing Wednesday in Jackson. The prosecuting attorney’s office had charged 20-year old Colin Alexander Berry with first-degree robbery and armed criminal action. A probable cause statement says that on Christmas Eve Berry met with 21-year old Toby Turner on Hackberry Street because Berry was supposedly selling a phone. Berry pulled a black handgun and pointed it at Turner before fleeing. Miller said Berry’s case was dismissed but was subject to being refiled. Miller said he planned to charge Turner with contempt of court because Turner was served a subpoena to appear as a witness.