The case against a pair of Columbus men charged with threatening a witness has been dismissed in Delaware County Common Pleas Court.
Fred Lee Mosley, 26, and Donald D. Favers, 26, were indicted on March 24 and each charged with one count of intimidation of attorney, victim, or witness in a criminal case, a third-degree felony, and one count of aggravated menacing, a first-degree misdemeanor.
According to the indictment, on March 7 Mosley and Favers threatened and sought to intimidate a witness in the Delaware County Common Pleas Court murder trial of Reginald Timothy Conley, 28, of Columbus, and Jermaine Darnell Kelly, 32, of Columbus.
Mosley and Favers were supposed to stand trial on June 8, but the trial was delayed on June 7 after prosecutors said they had not been able to meet with witnesses for trial preparation.
The trial was then delayed to July 6, but on June 23, Assistant County Prosecutor Mark Sleeper filed a motion asking Delaware County Common Pleas Judge Everett Krueger to dismiss the cases against Favers and Mosley, saying that the witnesses in the case would not contact prosecutors.
“The alleged victims of the offenses have been unwilling to meet with counsel for the State despite repeated attempts,” Sleeper wrote in his motion. “The State cannot proceed without their cooperation.”
Krueger dismissed the case without prejudice on June 28. Mosley and Favers were out on bond when the case was dismissed.
Conley and Kelly were found guilty of murder after a three-day trial and were later each sentenced to 21 years to life in prison. Their appeals cases are ongoing.
Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.
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