LOCKPORT – A 16-count domestic violence indictment against a Niagara Falls man was thrown out Wednesday after the alleged victim failed to appear for a nonjury trial before Niagara County Judge Sara Sheldon Farkas.
Derek M. Stewart, 28, of 13th Street, made bail last month after the tab was reduced because of the woman’s refusal to cooperate.
Defense attorney Angelo Musitano had the charges dismissed after Assistant District Attorney Lisa M. Baehre said she couldn’t prove her case without the woman’s testimony. The woman has moved away and Baehre doesn’t know where she is.
“My personal belief is, she feels she’s safe. She’s out of the area,” Baehre said.
Stewart had been charged with assorted counts of assault and violation of restraining orders from incidents that allegedly occurred early this year. A second batch of unindicted charges also will not go forward, Baehre said.