JAY, Okla. — A Tulsa man accused of breaking into a medical marijuana farm with two men and beating up a Jay man was released from jail after charges were dropped when the victim failed to attend Tuesday’s court proceedings.
Julius Wardell Ballard, age 24; Tiondre Dyer, age 19 and Jabare M. Walters, age 18, were each charged in Delaware County District Court in Jay with robbery by force or fear, possession of a firearm during the commission of a felony, assault and battery with a dangerous weapon, second-degree burglary, and possession of a stolen vehicle.
Ballard had been incarcerated since November serving 115 days. Dyer and Walters were free on bail.
The victim failed to attend Tuesday’s preliminary as well as Ballard’s bond reduction hearing held in December, said Lee Griffin, Walters’ attorney.
“The (victim) is not available,” Griffin said.
Griffin argued the case should be dismissed citing her client’s due process rights were being violated.
“I have to protect the due process rights of my client,” Griffin said.
Prosecutor David Ball told the court that the victim could not be located.
Special Judge Nick Lelecas addressed the three suspects said he was dismissing the charges without prejudice meaning the state could refile the charges.
The three suspects were accused of driving a stolen jeep, carrying two handguns and a M4 gun, onto the marijuana farm located east of Jay around 7:30 a.m. on Nov. 14, according to an arrest affidavit.
Investigators said the suspects were breaking into four grow sheds looking for marijuana to steal. The victim said the men beat him on the head with one of the weapons and knocked him out, tied him up with duct tape, and robbed him of $185, his bank card and an EBT card, the affidavit states.
Delaware County deputies found dead marijuana plants in the back of a stolen jeep the suspects used while fleeing from the scene, the affidavit states.