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Charges stemming from a 2001 traffic death were dismissed against a Warsaw man Monday in Kosciusko Superior Court III because of the inability of the prosecution to obtain key evidence in the case.
Anthony Conley, 50, was charged in January with causing the death of another when operating a motor vehicle, as both a Class C felony and a Class B felony; criminal recklessness causing serious bodily injury, a Class D felony; reckless homicide, a Class C felony; and being a habitual substance offender. The charges came after a July 15, 2001, automobile accident in which Judith A. Rollins, 59, of Syracuse, was killed.
Rollins was a passenger in Conley's vehicle when Conley apparently crossed the center line while driving on Ind. 13 at the intersection of Syracuse/Webster Road and collided with a vehicle driven by Thomas F. Ward of Syracuse. Rollins suffered multiple injuries and was pronounced dead at the scene of the accident.
Conley also was injured in the accident and tests completed at the hospital indicate he tested positive for cocaine in his system. Ward suffered minor injuries and was treated at a local hospital and released.
According to court documents, the case against Conley was dismissed without prejudice, which means charges can be refiled at a later date.
In making the motion for dismissal, deputy prosecutor Mark Caruso cited the lack of having a document regarding the controlled substance in Conley's system as a factor. Caruso indicated that the paperwork would be "necessary to prove the element of 'recklessness'" in the case.
Caruso wrote: "That given the heinous nature of the offense charged, the inability of the State to prove any of its charges without the evidence mentioned in its memorandum, and the rights of the victim and her surviving family members to see justice served, the State believes dismissing this cause without prejudice and refiling is its only appropriate option."
Conley's trial was scheduled to begin Monday. Prior to seeking dismissal of the case, Caruso made two motions to have the jury trial continued to a later date. Those motions were denied by Judge Joe Sutton.
Conley was released from custody Monday after being held in the Kosciusko County Jail for 11 months.
A wrongful death lawsuit filed in connection with the auto accident was settled in August for $100,000. One-third of that amount was directed to be paid to R.T. Green, the attorney in the case.
The attorney in the criminal case against Conley was Christanne Howe of Warsaw.
