WAVERLY, Ohio -- An Ohio man accused of kidnapping and beating his estranged wife has avoided trial on eight of nine charges because of a prosecutor's paperwork error.
Pike County Judge Randy Deering dismissed the charges against Michael Hall, including four counts of kidnapping, two counts of felonious assault, and two counts of failure to comply with a police officer. Hall was facing up to 19 years prison if he had been convicted. He could be released from jail on Friday if Deering dismisses a ninth charge for carrying a weapon in a school safety zone.
The victim in the case, Shelley Hall, sat in the courtroom as her estranged husband saw his maximum prison time reduced to one year.
"It makes me sick to think that somebody could do something like this and get away with it," Shelley Hall said. "He's totally getting away with it and he's laughing about it. He's not showing any remorse. He doesn't care."
Police charged Michael Hall on August 3 after he allegedly kidnapped Shelley Hall from inside the school bus she drove. No children were present at the time. Shelley Hall said that Michael held her for more than three hours, beating, punching, kicking and choking her. The incident resulted in twenty stitches to Shelley Hall's head and face, and a concussion that lasted three weeks.
"Just because the time has passed by doesn't mean that he didn't do this," Shelley Hall said. "He still did this and just because the prosecutor made a mistake and wrote the wrong date on there doesn't
excuse it. It doesn't excuse it in my book. I don't care what the law says. It's garbage."
Pike County prosecutor Robert Junk stood before Deering Thursday and accepted responsibility for the error.
"I typed up the indictment. I messed it up, your honor," Junk said. "I put the wrong date on it and gave the court a speedy trial date that was obviously incorrect."
The paperwork error pushed Michael Hall's trial date past his 90th day in jail, violating his right to a speedy trial.
Deering scheduled a Friday hearing to decided on the remaining weapon charge. Defense attorney Robert Rosenberger argued that the charge should be thrown out as well because, once again, the evidence was from beyond 90 days.
If Deering dismisses the charge, Michael Hall will be released. If not, he will face a maximum of one year in prison.
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