Battery Charges Dismissed Against Warsaw Woman
July 28, 2016 at 4:25 p.m.
Believing that Angela D. Frye acted in self defense when she stabbed Charles Adams in January 1998, the prosecution has filed for dismissal of the case against her.
Frye, 33, of Warsaw, was charged in May 1998 with battery with a deadly weapon, a Class C felony. A plea agreement entered with the prosecutor's office in August was rejected by Kosciusko Superior Court I Judge Duane Huffer when Frye appeared for sentencing on Sept. 22, and the matter was set for trial this week.
However, Chief Deputy Prosecutor Byron Tinkey filed a motion to dismiss last week and the case is awaiting the ruling of Judge Michael Cook of Marshall Circuit Court. Cook was appointed to hear the matter after Frye's attorney, David R. Hoffman of South Bend, requested that a new judge be appointed for Frye's case.
Huffer was the presiding judge during a trial against Adams that concluded the day before Frye was scheduled for sentencing. In that matter, Frye was the victim of battery, confinement and deviant conduct at the hands of the 32-year-old Adams. He was convicted on all charges and subsequently sentenced to 16 years in prison.
According to Tinkey's motion, Adams gave conflicting stories as to how he was injured. Frye was charged with the stabbing five months after the incident, in part because Adams originally said he was accidentally injured by a saw. Frye admitted stabbing Adams in the forearm with an 18-inch butcher knife while they were fighting at her residence. The cut went to the bone and Adams underwent surgery to repair the damage.
Tinkey also indicated in his motion that planned expert testimony would reveal that Frye was fearful of Adams because of prior attacks and that testimony would corroborate his belief that Frye acted in self defense.
Court documents filed by Hoffman noted that evidence presented during Adams' trial included statements that Adams manipulated the charges in the case against Frye to control and/or dominate Frye and that Frye might have been potentially defending herself against Adams when she stabbed him in January 1998.
A letter from Cook that was filed with the court indicates that the dismissal of the case will be forthcoming. [[In-content Ad]]
Believing that Angela D. Frye acted in self defense when she stabbed Charles Adams in January 1998, the prosecution has filed for dismissal of the case against her.
Frye, 33, of Warsaw, was charged in May 1998 with battery with a deadly weapon, a Class C felony. A plea agreement entered with the prosecutor's office in August was rejected by Kosciusko Superior Court I Judge Duane Huffer when Frye appeared for sentencing on Sept. 22, and the matter was set for trial this week.
However, Chief Deputy Prosecutor Byron Tinkey filed a motion to dismiss last week and the case is awaiting the ruling of Judge Michael Cook of Marshall Circuit Court. Cook was appointed to hear the matter after Frye's attorney, David R. Hoffman of South Bend, requested that a new judge be appointed for Frye's case.
Huffer was the presiding judge during a trial against Adams that concluded the day before Frye was scheduled for sentencing. In that matter, Frye was the victim of battery, confinement and deviant conduct at the hands of the 32-year-old Adams. He was convicted on all charges and subsequently sentenced to 16 years in prison.
According to Tinkey's motion, Adams gave conflicting stories as to how he was injured. Frye was charged with the stabbing five months after the incident, in part because Adams originally said he was accidentally injured by a saw. Frye admitted stabbing Adams in the forearm with an 18-inch butcher knife while they were fighting at her residence. The cut went to the bone and Adams underwent surgery to repair the damage.
Tinkey also indicated in his motion that planned expert testimony would reveal that Frye was fearful of Adams because of prior attacks and that testimony would corroborate his belief that Frye acted in self defense.
Court documents filed by Hoffman noted that evidence presented during Adams' trial included statements that Adams manipulated the charges in the case against Frye to control and/or dominate Frye and that Frye might have been potentially defending herself against Adams when she stabbed him in January 1998.
A letter from Cook that was filed with the court indicates that the dismissal of the case will be forthcoming. [[In-content Ad]]