‘Victim’ disappears, charges dropped
By JESSIE STENSLAND
Whidbey News Times Assistant editor
September 2, 2009 · Updated 9:49 AM
Island County’s chief criminal prosecutor dismissed a domestic violence case against a 23-year-old Marine sergeant after the alleged victim disappeared.
Hayron Garcialemus, a 23-year-old Oak Harbor man, was scheduled to go to trial last week on a long list of domestic violence-related charges, including second-degree assault with a deadly weapon, second-degree assault by strangulation, fourth-degree assault, interfering with the reporting of domestic violence, and harassment.
Chief Criminal Deputy Prosecutor Colleen Kenimond said she had no choice but to dismiss the case because she is unable to contact the alleged victim and has no idea where the woman is. But the charges were dismissed without prejudice, which means they could be re-filed at a later date.
Garcialemus’ attorney told the court earlier that he planned to present a diminished capacity defense based on post-traumatic stress disorder, as well as a possible defense of voluntary intoxication.
Oak Harbor Police Officer Tony Slowik responded to a 911 report of a domestic assault early in the morning of May 17. Garcialemus’ wife said that her husband had pinned her down and strangled her, Slowik wrote.
Detective Sgt. Teri Gardner interviewed the alleged victim the next day. The woman described a history of domestic violence that began after the couple was married, Gardner wrote. She said Garcialemus had pointed a loaded handgun at her and the gun later went off in the house, the report states.Contact Whidbey News Times Assistant editor Jessie Stensland at firstname.lastname@example.org or 360.675.6611 ext. 5056.