After spending about 10 months in the Kosciusko County Jail, a Syracuse man was released on his own recognizance for a theft charge after three other charges against him were dismissed during the second day of a trial in Kosciusko Circuit Court.

Joseph A. Prodonovich, 27, faced charges of burglary to a dwelling, a Class B felony, and theft and possession of a firearm by a felon, both Class D felonies. Charges were filed against him in July and he was arrested on those charges in August, at which time his bond was set at $100,000.

Prodonovich's bond was reduced to $25,000 in September, but he was still not able to pay that amount, nor did he post bond in May when it was reduced to $7,500. Prodonovich's requests to be released from incarceration under Criminal Rule 4 - which calls for defendants to be freed from jail if a trial isn't held within a certain time period - were denied because the delays were caused by the defense. If the trial was delayed because of action or inaction by the prosecution, then Prodonovich would have been entitled to be released from the jail.

Jurors chosen Tuesday morning sat through testimony on Tuesday and Wednesday before Kosciusko County Prosecutor Charles Waggoner asked that the case be dismissed late Wednesday morning.

Waggoner said Thursday that "the case disintegrated." He said the biggest problem with the case was that the victims moved out of state and didn't notify the prosecutor's office, so they couldn't be located in time to appear at the trial. "Also, it just wasn't there," Waggoner said. "I don't want to convict when I have doubts."

The charges were dismissed "with prejudice," which means that the prosecutor is barred from bringing an action on the same claim.

Warsaw attorney David Kolbe represented Prodonovich at trial after being assigned to the case in March. Kolbe said the previous attorney in the case, Scott Lennox, "did a super job investigating the case" and made it easy for him to step in and represent Prodonovich. Kolbe replaced Lennox after Prodonovich requested a change in his court-appointed attorney.

Prodonovich was accused of breaking into the residence of Brian Beaver on July 8. However, an alibi defense that was expected to be used by the defense during trial put Prodonovich in Florida at the time of the alleged offense. While in Florida, Prodonovich's vehicle broke down and his grandmother wired money to him.

Kolbe took depositions from the alibi witnesses after flying to Florida and California in May at the county's expense.

Three witnesses reportedly saw Prodonovich enter Beavers' home on July 8 and leave with a shotgun and a chainsaw. The theft charge that remains pending alleges that Prodonovich also took a gas can from a boat on a channel to Backwater Lake during the same time period.

Prior to the start of the trial, on June 1, Kolbe was granted his motion in limine to prevent the prosecution from presenting evidence to the jury from statements by neighbors that Prodonovich was a neighborhood thief. A Monday motion by the defense to dismiss the three charges that were dismissed Wednesday was denied by Judge Rex Reed on the prosecution's argument that eyewitnesses put Prodonovich at the Beaver residence on the day in question.

Because of the inconsistencies that Kolbe believed existed in the case, he said, "I felt as nervous in this case as I did at my first jury trial because I thought I missed something."

Although the charges were dismissed in this case, the county must still pay for the costs associated with it, including nearly $1,500 for the jury and an estimated $8,000 to $10,000 for Kolbe's expenses, including travel, lodging and depositional fees. [[In-content Ad]]